Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: May 24, 2023, 12:06pm
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If you live in South Carolina and no longer wish to be married, you need to understand the laws governing divorce in SC. Your marriage is a legal union that the court must officially dissolve.
This guide to divorce in SC helps you to understand who can file for divorce and how the process works so you are prepared for what to expect as your marriage comes to an end.
There are rules for who can file for divorce in SC. These are called residency requirements. In South Carolina, you are eligible to file for divorce only if one of the following is true:
There must be a reason to divorce in SC, which is referred to as “grounds” for divorce.
You must list these grounds when you file for divorce. They include both fault grounds (with one particular spouse to blame) and no fault grounds (where neither spouse specifically caused the marriage breakdown).
The grounds to dissolve your marriage in South Carolina include the following:
To file for divorce in South Carolina, you must submit court documents to the court in the county where:
You can find a map of South Carolina’s courts on the website of the South Carolina judicial branch. You need to submit specific forms and documents when you file for divorce, including the following:
You can find a complete listing and copies of the forms you will need to initiate the dissolution of your marriage on the website of the South Carolina Judicial Branch. This site has Self-Represented Litigant Simple Divorce Packets you can use to simplify the process.
You also have to pay a court filing fee to get divorce proceedings underway, unless you submit a Motion and Affidavit to Proceed In Forma Pauperis and get it approved.
Service of process is required to get a divorce in SC. This is essentially a fancy way of saying you have to make sure your spouse is notified you’ve filed for divorce. There are different ways to accomplish this including:
South Carolina divorce proceedings can be contested or uncontested. Uncontested means you and your spouse are in agreement on all issues, and contested means you couldn’t come to a consensus on some issues such as child support, child custody, alimony, or property division.
It is less expensive and much less stressful to opt for an uncontested divorce if you can find a way to agree on important matters with your spouse, either on your own or with a professional mediator’s help. Since you both must agree on an uncontested divorce settlement, you are also both likely to be happier with the outcome.
If you cannot find a way to agree on any issues, you will need to pursue a contested divorce and let the court decide after you each present evidence and arguments.
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In South Carolina, you and your spouse must live separately for at least a year if you wish to get a divorce on no-fault grounds. If you are pursuing a fault divorce, you can end your marriage after a 90-day period.
Divorces can be stressful, time consuming and expensive. A South Carolina divorce lawyer can help to make the process easier. Your attorney will be there for you throughout every step of your divorce in SC to make sure you file the right forms, understand your rights and choose the best path towards ending up with a settlement you can live with. Contact an attorney ASAP to get the help you need during a difficult time in your life.
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AdvertisementSouth Carolina is an equitable distribution state. This means marital property is divided in a divorce based on what is fair, even if the division isn’t necessarily equal. This is a contrast to a community property state where each spouse gets half of all marital property at the end of a marriage. You also have the option to divide property on your own in a way that works for your family. If you can come to an agreement outside of court, then this can be a better way to divide up assets that matter to you both.
Alimony is possible in some South Carolina divorces. If you and your spouse can decide together whether this should be paid, how much should be paid and for how long, then your decisions will dictate whether alimony is available. If you cannot decide, the court considers a variety of factors, including the earning potential of each spouse, to decide whether to award alimony.
The timeline for a South Carolina divorce depends what kind of divorce you pursue and whether it is contested or uncontested. There is a 90 day waiting period for a fault divorce, or you and your spouse must live separately for a year for a no-fault divorce. It could also take you time to come to an agreement on marital property division and other issues that must be addressed in your divorce settlement.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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