Divorce Law in South Carolina
Are you preparing for a costly divorce in South Carolina? Has your spouse already hired representation?
Many separating couples struggle to reach agreements on their own, which is why mediation or courtroom litigation often becomes necessary.
Issues Involved in South Carolina Divorce Law
There are many issues that must be resolved before a divorce is finalized. These decisions can lead to conflict, especially when emotions are already high.
Dividing Property
Dividing property, debts, and financial assets is one of the most difficult parts of the divorce process. In many states, including South Carolina, nearly all property acquired during the marriage may be considered marital property. Real estate, vehicles, bank accounts, investments, and personal items may fall into this category.
Some states divide marital property evenly. Others, like South Carolina, follow an equitable division system. Under this approach, a judge evaluates each spouse’s contributions to the marriage—financial and non-financial—and distributes property accordingly. As a result, a property settlement may not be a perfect 50/50 split.
Child Support
Both parents must provide financial support for their children. Child support is designed to cover essential needs, including healthcare, nutrition, clothing, school-related costs, and general living expenses.
In South Carolina, the Department of Social Services oversees child support enforcement. If a parent fails to pay support as ordered, the court may respond quickly with penalties. Violations can result in fines, court hearings, or even jail time for non-compliance. In most cases, enforcement is carried out through the local Sheriff’s department under a judge’s authority.
Alimony
Alimony, also called spousal support, is determined based on the circumstances of the marriage. Family courts in South Carolina review many factors before awarding support, such as:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of both spouses
- The length of the marriage
- Earning capacity and education
- How marital property was divided
- Parental responsibilities
- Any separate investments or assets
South Carolina allows several types of alimony both during and after divorce proceedings. Without a lump-sum settlement, monthly payments may continue for years or even for life. Most alimony awards, however, are temporary. They are often designed to help a spouse complete job training, pay for education, or become financially self-sufficient.
Child Custody and Visitation
Child custody is often the most emotional and difficult part of a divorce involving children. The court bases all decisions on the best interest of the child.
Under the South Carolina Children’s Code, judges evaluate multiple factors such as a parent’s ability to provide care, the child’s needs, and the wishes of family members. The law recognizes both physical custody and legal custody. A parent who does not live with the child may still share important decision-making responsibilities.
Generally, South Carolina courts award joint legal custody. This gives both parents the right to make decisions about school, medical care, and religious upbringing. Joint legal custody does not determine parenting schedules, and it does not prevent the non-custodial parent from maintaining a strong relationship with the child.
The Process of Going Through Divorce Law in South Carolina
If you are considering divorce, it helps to understand the legal steps involved in the process.
Step 1: File the Divorce Law Petition
The divorce process begins when one spouse files a legal petition with the court. The petition must include grounds for divorce, proof that residency requirements are met, and other required legal information. Many states allow no-fault divorce, and South Carolina currently recognizes both no-fault and fault-based divorces.
Step 2: Request Temporary Orders
Divorce cases can take months to finalize. Some spouses need immediate financial or legal protections, which can be granted through temporary orders. These orders may address support, custody, or property matters. Requesting temporary orders early can prevent financial hardship and protect parental rights.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files for divorce must ensure the other spouse receives official notice. If the receiving spouse agrees, they may sign an affidavit. If not, a sheriff or professional process server may be required. That third party must complete proof of service for the court.
Step 4: Try To Come to an Agreement
The simplest and least expensive divorce is an uncontested divorce, where both spouses agree on every issue. Spouses may negotiate directly or work with a trained mediator. Reaching a settlement outside of court usually reduces costs and reduces emotional conflict.
Step 5: Go To Court
If no agreement can be reached, the case proceeds before a South Carolina judge. While a judge’s ruling guarantees a final outcome, it also removes control from the spouses. In South Carolina, divorce cases are handled by the Family Court system.
Step 6: Receive the Judgment of Divorce
Once the case concludes, the court issues a Judgment of Divorce. This document formally ends the marriage and lays out all terms related to property division, child custody, support, and any remaining disputes.
Work With an Experienced South Carolina Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced South Carolina divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across South Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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