Skip to main content
FlowLegalPartners Logo
FlowLegalPartners

South Carolina Family Laws

South Carolina recognizes both fault and no-fault divorce. The no-fault ground requires 1 year of continuous separation. Fault-based grounds include adultery, desertion, physical cruelty, and habitual drunkenness. South Carolina is an equitable distribution state with four types of alimony. Adultery can bar a spouse from receiving alimony. The state uses the best interests standard for custody and an income shares model for child support.

Last verified: 2026-02-25

Statute of Limitations

No SOL for divorce filingsS.C. Code Ann. § 20-3-10

There is no statute of limitations for filing for divorce. South Carolina recognizes 5 grounds: adultery, desertion (1 year), physical cruelty, habitual drunkenness/drug use, and 1-year continuous separation (no-fault).

Filing Requirements

Residency RequirementS.C. Code Ann. § 20-3-30

If both parties are SC residents: 3 months. If only one party is a SC resident: 1 year.

Filing Fee$150

The filing fee for divorce in South Carolina Family Court is $150.

Separation Period (No-Fault)S.C. Code Ann. § 20-3-10(5)

1 year of continuous separation is required for no-fault divorce. Fault-based grounds eliminate this requirement.

Key South Carolina Statutes

Equitable DistributionS.C. Code Ann. § 20-3-620

South Carolina divides marital property equitably (not necessarily 50/50). Courts consider 15 statutory factors including: duration of marriage, marital misconduct, income and earning potential, health and age, contributions (including homemaking), and tax consequences.

Four Types of AlimonyS.C. Code Ann. § 20-3-130

Periodic: permanent, ongoing (terminates on remarriage or 90+ day cohabitation). Lump-sum: fixed total, not modifiable or terminable on remarriage. Rehabilitative: temporary, for education/training. Reimbursement: compensates contributions to spouse's career/education. Adultery bars alimony.

Child Custody (Best Interests)S.C. Code Ann. § 63-15-10 et seq.

Custody is based on the best interests of the child with no presumption favoring either parent. Factors include: wishes of parents, child's relationships, adjustment to home and school, domestic violence history, and substance abuse.

Child Support (Income Shares)S.C. Code Ann. § 63-17-470

South Carolina uses the income shares model. The guidelines amount is presumptively correct; deviation requires showing it would be unjust or inappropriate.

Official Sources

SC Code — Domestic RelationsSC Family Court

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at SC Code — Domestic Relations. For advice about your specific situation, consult a licensed attorney.

Find a Family Law Attorney in South Carolina

Other South Carolina Laws

Personal Injury Laws·Criminal Defense Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Estate Planning Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws