Divorce in South Carolina
State-specific overview · Family Law
South Carolina requires a one-year separation before granting a no-fault divorce.
How South Carolina treats Divorce
South Carolina imposes a mandatory one-year separation period before either spouse can obtain a no-fault divorce on grounds of irretrievable breakdown. Alternatively, a spouse can file for fault-based divorce immediately on grounds including adultery, cruelty, desertion, or habitual drunkenness, without waiting. South Carolina uses equitable distribution for marital property and permits courts to consider factors like the length of marriage, each party's earning capacity, and the contributions each spouse made to acquiring and maintaining marital assets.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.