South Carolina Divorce Laws 4

Divorce Law Basics in the State of South Carolina

Also See: South Carolina Marriage Laws

Statute: Code of Laws for South Carolina (Title 20, Chapter 3, Article 1):

No-Fault Grounds:

  • Living separately without cohabitation for at least one year

At-Fault Grounds:

  • Desertion for a period of one year

Residency: Either party must be a resident of the state for at least 1 year prior to filing or both parties must be a resident of the state for at least 3 months prior to filing

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Property Distribution: South Carolina relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is considered.


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