South Carolina's Residency Requirements

The petitioner must be a South Carolina resident for 1 year or more, unless both spouses have been residents of South Carolina for 3 months or more.

South Carolina's Grounds for Divorce

South Carolina residents may file for divorce under fault or no-fault grounds.

South Carolina's no-fault grounds is:

• living separate and apart for 1 year or more

South Carolina's fault grounds include:

• adultery
• physical cruelty
• willful desertion for 1 year or more

South Carolina's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a South Carolina court will make a ruling.

South Carolina courts consider factors such as:

• each spouse's circumstances
• the nature of the divorce
• the welfare and best interests of the child

South Carolina's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

South Carolina courts consider factors such as:

• any property division arrangements
• each parent's financial situation and comparable income amounts
• any extraordinary educational, medical, or dental needs of the child

South Carolina's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

South Carolina courts consider factors such as:

• the standard of living experienced during the marriage
• duration of the marriage
• each spouse's earning capacity and financial resources
• any marital fault

South Carolina's Property Division Guidelines

South Carolina has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

South Carolina courts consider factors such as:

• duration of the marriage
• any marital fault
• whether one spouse contributed to the property, including acquisition and upkeep
• each spouse's income, employability, and assets

South Carolina's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's South Carolina county of residence.

The divorce forms may also be filed in the last South Carolina county the spouses resided in together.