South Carolina Family Law Guide — Divorce, Custody & Support
Divorce, custody, support, and property division under South Carolina law — grounds, process, timelines, and what to expect
Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.
Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.
Grounds for divorce in South Carolina §20-3-10
South Carolina allows no-fault divorce based on living separate and apart without cohabitation for 1 year §20-3-10. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. South Carolina also recognizes fault-based grounds including adultery, desertion for 1+ year, physical cruelty, and others.
The divorce process — step by step
Contested vs. uncontested divorce
| Uncontested | Contested | |
|---|---|---|
| Definition | Both spouses agree on all issues | Spouses disagree on one or more issues |
| Timeline | Shorter (after waiting period) §20-3-10 | Longer |
| Court involvement | Court reviews agreement | Court decides disputed issues |
| Who decides | The spouses, by agreement | The judge, based on evidence and statute §20-3-10 |
Key areas the court addresses
Child custody §63-15-240
Courts determine custody based on the best interests of the child, considering factors including parental fitness, stability, and the child's reasonable preference.
Child support §63-17-470
South Carolina uses an income-shares model. Based on combined gross income of both parents.
Property division §20-3-620
South Carolina follows equitable apportionment. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.
Spousal support §20-3-130
Courts may award periodic, lump-sum, rehabilitative, or reimbursement alimony, separate maintenance and support, or other forms of support, based on 13 statutory factors; a spouse who commits adultery before the earlier of signing a written property or marital settlement agreement or entry of a permanent separate maintenance order or order approving such an agreement is barred from alimony.
What changes the outcome?
- Quality and completeness of financial documentation
- Timing of filing, responses, and temporary-order requests
- Existing court orders or pending cases
- Whether children are involved (adds custody and support layers)
- Willingness to negotiate versus taking issues to trial
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- No-fault: living separate and apart without cohabitation for 1 year
- Fault grounds include adultery, desertion for 1+ year, physical cruelty, habitual drunkenness or drug use
- Based on combined gross income of both parents
- SC Child Support Guidelines set presumptive amount