Start with S.C. Code Ann. §§ 20-3-10 to 20-3-220. In South Carolina, At least one party must have resided in South Carolina for 1 year before filing (shorter presence may suffice when both parties live in-state and the plaintiff has lived there 3 months). Grounds: No-fault 1-year separation is available alongside fault grounds (adultery, physical cruelty, desertion, habitual drunkenness). Property: equitable distribution. South Carolina is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. That is the question this guide answers for how to file for divorce. Waiting period: No-fault divorce based on 1-year continuous separation requires the year of separation before filing; after filing, ordinary family-court calendaring applies. File in Family Court in the county where either party resides.
Residency and where to file
At least one party must have resided in South Carolina for 1 year before filing (shorter presence may suffice when both parties live in-state and the plaintiff has lived there 3 months). File in the Family Court in the county where either party resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in South Carolina
No-fault 1-year separation is available alongside fault grounds (adultery, physical cruelty, desertion, habitual drunkenness).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to South Carolina.
How the South Carolina rule applies
Apply the South Carolina authorities in order. The facts are simplified so the statute and the standard are visible.
A spouse wants to file for divorce in South Carolina and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in South Carolina for 1 year before filing (shorter presence may suffice when both parties live in-state and the plaintiff has lived there 3 months).
- Plead grounds South Carolina recognizes: No-fault 1-year separation is available alongside fault grounds (adultery, physical cruelty, desertion, habitual drunkenness).
- Expect property division under equitable distribution: South Carolina is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No-fault divorce based on 1-year continuous separation requires the year of separation before filing; after filing, ordinary family-court calendaring applies. A summons and complaint for divorce are filed in Family Court. Temporary hearings can address support and custody. Contested equitable division proceeds under case-law factors. The final decree dissolves the marriage and resolves property, support, and custody.
South Carolina Judicial Department forms and South Carolina Legal Services assist with uncontested filings.
Property division: equitable distribution
South Carolina is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No-fault divorce based on 1-year continuous separation requires the year of separation before filing; after filing, ordinary family-court calendaring applies.
The typical South Carolina divorce process
A summons and complaint for divorce are filed in Family Court. Temporary hearings can address support and custody. Contested equitable division proceeds under case-law factors. The final decree dissolves the marriage and resolves property, support, and custody.
Self-help and when to hire counsel
South Carolina Judicial Department forms and South Carolina Legal Services assist with uncontested filings.
Related South Carolina guides
- Child custody and parenting time in South Carolina
- Security deposit return in South Carolina
- DUI penalties in South Carolina
Case law: divorce in South Carolina
Robert CROSSLAND, Respondent, v. Shirley CROSSLAND, Petitioner
Robert CROSSLAND, Respondent, v. Shirley CROSSLAND, Petitioner, 408 S.C. 443 (2014)
Acting Justice JAMES E. MOORE. In this appeal from a divorce action, Appellant Shirley Crossland (“Wife”) contends the court of appeals erred in reversing the family court’s alimony award, in modifying the equitable division of the marital estate, and in remanding the issue of attorney’s fees. We agree and reverse. I. Respondent Robert Crossland (“Husband”) and Wife were…
Robert CROSSLAND, Respondent, v. Shirley CROSSLAND, Petitioner is worth reading on South Carolina divorce because the court put the point in its own words: "JAMES E. MOORE. In this appeal from a divorce action, Appellant Shirley Crossland (“Wife”) contends the court of appeals erred in reversing the family court’s alimony award, in modifying the equitable division of the marital estate, and in remanding the issue of attorney’s fees." Use that passage as the starting point, then read the facts that precede it.
Madie J. MURDOCK, Respondent, v. William H. MURDOCK, Jr., Appellant
Madie J. MURDOCK, Respondent, v. William H. MURDOCK, Jr., Appellant, 243 S.C. 218 (1963)
Brailsford, Justice. Pending this action for divorce and alimony, brought by Mrs. Murdock against her husband in York County, the husband commenced an action for divorce in the State of Kentucky on constructive service. He also defended and counterclaimed for divorce in this action, which was tried before a special referee. The referee filed his report on July 8,…
Madie J. MURDOCK, Respondent, v. William H. MURDOCK, Jr., Appellant is worth reading on South Carolina divorce because the court put the point in its own words: "Brailsford, Justice. Pending this action for divorce and alimony, brought by Mrs. Murdock against her husband in York County, the husband commenced an action for divorce in the State of Kentucky on constructive service." Use that passage as the starting point, then read the facts that precede it.
Franklin W. ALLEN, Respondent v. Jean H. ALLEN, Appellant
Franklin W. ALLEN, Respondent v. Jean H. ALLEN, Appellant, 287 S.C. 501 (1986)
…cree dated January 24, 1983 which (1) granted the husband a divorce on the ground of adultery; (2) granted both husband and wife split or divided custody of their daughter; (3) granted the wife fifty dollars ($50.00) per week for child support; (4) denied the wife alimony; (5) ordered the sale of the marital home and a division of the sale proceeds; and (6) directed the wife’s…
Practitioners open Franklin W. ALLEN, Respondent v. Jean H. ALLEN, Appellant when South Carolina divorce turns on the distinction in this sentence: "January 24, 1983 which (1) granted the husband a divorce on the ground of adultery; (2) granted both husband and wife split or divided custody of their daughter; (3) granted the wife fifty dollars ($50." Do not lift it out of the facts the court was deciding.
John W. PANHORST, Jr., Respondent v. Barbara P. PANHORST, Appellant
John W. PANHORST, Jr., Respondent v. Barbara P. PANHORST, Appellant, 301 S.C. 100 (1990)
…, Judge: John W. Panhorst petitioned the family court for a divorce from his wife, Barbara P. Panhorst, on the ground of adultery. He also sought equitable division of the marital estate, custody of the younger of the two children of the marriage, child support, possession of the marital residence, and attorney’s fees. Barbara denied the adultery and counterclaimed for separate…
Practitioners open John W. PANHORST, Jr., Respondent v. Barbara P. PANHORST, Appellant when South Carolina divorce turns on the distinction in this sentence: "Judge: John W. Panhorst petitioned the family court for a divorce from his wife, Barbara P. Panhorst, on the ground of adultery." Do not lift it out of the facts the court was deciding.
Fletcher Lee MURRAY, by His Conservator and Guardian, Allan MURRAY, Respondent v. Charlie Belle MURRAY, Appellant
…ily court which denied appellant-wife’s motion to dismiss a divorce action and her request for sanctions. We remand in part and affirm in part. FACTS Respondent-husband and wife are 87 and 80 years old, respectively. They were married, each for the second time, in *338 1972. In January 1990, husband became ill. After a two-week hospitalization, husband went to the home of his s…
Practitioners open Fletcher Lee MURRAY, by His Conservator and Guardian, Allan MURRAY, Respondent v. Charlie Belle MURRAY, Appellant when South Carolina divorce turns on the distinction in this sentence: "We remand in part and affirm in part. FACTS Respondent-husband and wife are 87 and 80 years old, respectively. They were married, each for the second time, in *338 1972. In January 1990, husband became ill." Do not lift it out of the facts the court was deciding.
Margaret G. HURSEY, Appellant, v. Rudolph J. HURSEY, Jr., A/K/A Rudolph J. Hursey, First Federal Savings & Loan
…ey, to appellant Margaret Hursey, after the commencement of divorce proceedings against him by his wife, respondent Jean Hursey, has priority over the subsequent award of an equitable interest in the home to his wife. The master to whom the case was referred recommended that Jean Hursey’s equitable interest have priority. The circuit court confirmed the recommendation, holding…
Margaret G. HURSEY, Appellant, v. Rudolph J. HURSEY, Jr., A/K/A Rudolph J. Hursey, First Federal Savings & Loan is worth reading on South Carolina divorce because the court put the point in its own words: "Margaret Hursey, after the commencement of divorce proceedings against him by his wife, respondent Jean Hursey, has priority over the subsequent award of an equitable interest in the home to his wife." Use that passage as the starting point, then read the facts that precede it.
Mable S. BROWN, Respondent v. Donald A. BROWN, Executor of the Estate of Robert H. Brown, Appellant
…in recent years, there is no request in the petition for a divorce, or separate support and maintenance. To the contrary, Mabel expresses her desire to remain in the marital home and care for Robert. On February 1,1987, before Mabel had served Robert with the summons and complaint, he died. On February 2,1987, Mabel filed a lis pendens against the marital home. On February 3,…
South Carolina opinions such as Mable S. BROWN, Respondent v. Donald A. BROWN, Executor of the Estate of Robert H. Brown, Appellant are cited where divorce is disputed. The court stated: "To the contrary, Mabel expresses her desire to remain in the marital home and care for Robert. On February 1,1987, before Mabel had served Robert with the summons and complaint, he died. On February 2,1987, Mabel filed a lis pendens against the marital home." That is the language to brief; the rest of the decision supplies the procedural posture.
Brigitte SILVA, Appellant, v. Wendy SILVA, Respondent
Brigitte SILVA, Appellant, v. Wendy SILVA, Respondent, 333 S.C. 387 (1998)
…ACTS Major Silva (Husband) and Brigitte married in 1972 and divorced in 1985. In a settlement agreement merged into the divorce decree, Husband agreed to designate Brigitte as the beneficiary of his military Survivor Benefit Plan. The decree provided further that Husband would complete all necessary paperwork and provide documentation that he had done so. Although sometime duri…
Practitioners open Brigitte SILVA, Appellant, v. Wendy SILVA, Respondent when South Carolina divorce turns on the distinction in this sentence: "ACTS Major Silva (Husband) and Brigitte married in 1972 and divorced in 1985. In a settlement agreement merged into the divorce decree, Husband agreed to designate Brigitte as the beneficiary of his military Survivor Benefit Plan." Do not lift it out of the facts the court was deciding.
Key takeaways
- Residency: At least one party must have resided in South Carolina for 1 year before filing (shorter presence may suffice when both parties live in-state and the plaintiff has lived there 3 months).
- Grounds: No-fault 1-year separation is available alongside fault grounds (adultery, physical cruelty, desertion, habitual drunkenness).
- Property: equitable distribution — South Carolina is an equitable-distribution state.
- Waiting period: No-fault divorce based on 1-year continuous separation requires the year of separation before filing; after filing, ordinary family-court calendaring applies.
- Filing forum: Family Court in the county where either party resides.
- Primary authority: S.C. Code Ann. §§ 20-3-10 to 20-3-220.
Frequently asked questions
How long do I have to live in South Carolina before filing for divorce?
At least one party must have resided in South Carolina for 1 year before filing (shorter presence may suffice when both parties live in-state and the plaintiff has lived there 3 months).
Is South Carolina a community-property state?
South Carolina follows equitable distribution. South Carolina is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in South Carolina?
South Carolina Judicial Department forms and South Carolina Legal Services assist with uncontested filings.
What happens to child custody in a South Carolina divorce?
Custody and parenting time are decided under South Carolina’s best-interests framework. See child custody and parenting time in South Carolina.
This guide covers South Carolina law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.