South Carolina Divorce FAQ

A collaborative divorce is a way of working with your soon-to-be ex-spouse to amicably resolve the divorce terms. When you work together, you realize that both spouses will give and take some to work through the requirements of your divorce. Collaborative divorce is unique in that the lawyer handling your divorce will represent both party’s interests. If the collaborative divorce process fails or breaks down, you will each need to hire new representation to advocate for your rights during the traditional divorce process.

A collaborative divorce is a way of working with your soon-to-be ex-spouse to amicably resolve the divorce terms. When you work together, you realize that both spouses will give and take some to work through the requirements of your divorce. Collaborative divorce is unique in that the lawyer handling your divorce will represent both party’s interests. If the collaborative divorce process fails or breaks down, you will each need to hire new representation to advocate for your rights during the traditional divorce process.

Under South Carolina Code Section 20-3-10, there must be grounds for a divorce for the family court judge to approve the petition. While some states may allow for families to proceed with divorce citing your irreconcilable differences, in South Carolina, only the following are considered grounds for divorce:

• Living separately for at least one year
• Adultery
• Physical abuse or cruelty
• Abuse of narcotics or alcohol
• Marital desertion for at least one year

You must be separated for at least one year before you can move forward with a formal divorce. It may be in your best interests to make note of your official separation date so you can begin to separate your marital assets and property from the date of your separation. While the state does not recognize a formal legal separation process, you can obtain temporary Orders of Separate Maintenance and Support to get the ball rolling according to the South Carolina Bar.

According to S.C. Code Section 20-3-120, alimony is not guaranteed in every divorce. In fact, generally, only in cases where there is a significant income discrepancy will spousal maintenance apply. If one spouse earns significantly less than the other, the lesser-earning spouse may be able to obtain temporary or permanent alimony depending on the specific details of the case. 

It is more likely that permanent alimony will be awarded if you were married for 20+ years or one spouse worked while the other was the family's homemaker. However, in most cases, alimony will be awarded on a temporary basis, should it be awarded at all. This gives the lesser-earning spouse the financial support they need to go back to school or find gainful employment so they can eventually take over all of their daily living costs.

South Carolina follows equitable distribution laws. Here, instead of dividing your marital assets and property down the middle or 50/50, you will work together with your spouse to determine how your marital assets, debts, and property should be distributed fairly. Ultimately, it is up to you and your spouse to decide what is "fair". However, some of the factors that will be taken into account include:

• Both spouse's income and assets
• Both spouse's expenses
• Your ages and how long you were married
• Both spouse's physical and mental health
• Both spouses separate property, including gifts or inheritances
• Whether financial or marital misconduct occurred
• Whether one spouse wants to remain in the family home if you share children
• Your child support and custody arrangements
• Both spouse's contributions to the marriage and finances
• The value of your marital property
• Marital debts and child support obligations
• Potential tax consequences of the divorce
• Whether spousal maintenance is issued
• Whether one spouse needs to get further job training or go back to school to support themselves

If you share children with your spouse, the question of legal and physical custody will likely come up as you work through your divorce terms. Generally, parents will need to decide whether they are going to enter a joint or sole custody arrangement. In joint custody arrangements, parents will work together to raise their children whereas sole custody arrangements allow the parent who has sole custody to make decisions without discussing them with the other parent.

Legal custody refers to the decision-making responsibilities. Parents who share legal custody will need to confer about how they want their children raised. This might include:

Religious ideals
What type of school they go to
Their diet
What activities they participate in
Important medical decisions
Physical custody refers to where the children reside. Here, one parent will typically be designated the custodial parent while the other is considered the non-custodial parent. The children will spend most of their time at the custodial parent's home. Depending on the custody arrangement, the non-custodial parent may have custody of the child on the weekends or visitation rights.

If you share children with your spouse, the question of legal and physical custody will likely come up as you work through your divorce terms. Generally, parents will need to decide whether they are going to enter a joint or sole custody arrangement. In joint custody arrangements, parents will work together to raise their children whereas sole custody arrangements allow the parent who has sole custody to make decisions without discussing them with the other parent.

Legal custody refers to the decision-making responsibilities. Parents who share legal custody will need to confer about how they want their children raised. This might include:

• Religious ideals
• What type of school they go to
• Their diet
• What activities they participate in
• Important medical decisions

Physical custody refers to where the children reside. Here, one parent will typically be designated the custodial parent while the other is considered the non-custodial parent. The children will spend most of their time at the custodial parent's home. Depending on the custody arrangement, the non-custodial parent may have custody of the child on the weekends or visitation rights. 

To get divorced in South Carolina, you must have lived within the state for a minimum of three months. In the event that one spouse is not a resident of SC, you must live within the state for a minimum of one year before you can file for divorce. If you are not a South Carolina resident but your spouse is, you must wait a minimum of one year before filing for divorce.

It depends on how contentious the divorce becomes. If you and your spouse are working together easily and amicably to decide how to divide your marital property and whether spousal maintenance will be paid, mediation may not be necessary. However, if you are finding it difficult or impossible to agree, mediation could be a great option.

In mediation sessions, the mediator will listen to both parties and attempt to resolve divorce settlement issues by making helpful suggestions. Remember, both spouses will need to give and take for the mediation sessions to be successful.

Filing for divorce is simple when you have a divorce attorney handling it on your behalf. We will need to complete a couple of different forms, including a financial declaration document and the official divorce complaint to jumpstart the divorce process.

If your divorce is finalized and your ex refuses to adhere to the divorce settlement terms, we can file a complaint in family court. You may be granted a hearing where we will introduce evidence that shows your ex's noncompliance. If the judge agrees that they were not in compliance with your divorce settlement, they can hold them in contempt of court or impose other sanctions. Depending on the circumstances of your case, your ex could be subject to additional fines or even jail time.

There is a $150 filing fee when you are ready to get divorced in South Carolina. However, you will also need to cover your attorney's fees. The exact amount you can expect to spend will vary widely depending on the complexity of your case. If you are going through a high net worth divorce, you can expect to spend more, as we will need to hire expert consultants and witnesses, financial analysts, and other professionals who can help you safeguard your right to your fair share of the financial marital estate.

In a fault divorce, one spouse blames the other for the end of the marriage. In a no-fault divorce, as long as parties have lived separately for at least one year, the divorce can be granted without one spouse having to blame the other.

Your divorce could be settled in as few as a couple of months if your spouse does not contest the divorce terms. If you have an existing prenuptial agreement or postnuptial agreement, the divorce process may be finalized quickly, as the settlement terms have already been laid out. However, if your spouse challenges the divorce, it could be years before you get your divorce decree.

If you believe your spouse is trying to hide money or assets, it is crucial that you get a divorce attorney involved. Do what you can to keep track of bank account login information and passwords, financial records, assets, investment portfolios, and any other financial information you can get a hold of. The longer you wait, the greater your ex’s chances are of successfully hiding the marital assets that you are entitled to.

An annulment is only possible when it makes sense to void the marriage. When this happens, it will be as though the marriage never existed. In divorce, you are ending a valid marriage. Under the South Carolina Code of Laws § 20-1-530, annulment is only possible if:

• Your spouse pressures or forces you to marry
• You never lived together
• Your partner lies or mislead you, ultimately putting your health or life in danger
• Your partner lies or misleads you about their ability to perform marital obligations, including engaging in intimate spousal relations

Your spouse must be served divorce papers before you can move forward with the process of ending your marriage. If you're having trouble locating your spouse, you can file a petition with the court requesting permission to serve your spouse in another way.

You may be able to get approval by serving your spouse via text message, email, or communication on social media. However, if you serve your spouse divorce papers this way, be sure to include all necessary documentation, otherwise you may need to begin the process again.