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): scstatehouse.net

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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Discussion

  • lisa kadel

    im about to marry a man whose exwife is racist and hates that im black. she calls me racial slurs infront of their 3 yr old son and has repeatedly used their son to try to extort money out of him and will repeatedly threaten to keep their son away from him. she was diagnosed as borderline personality disorder, a mental disorder that prevents her from accepting responsibility for her actions and considering the feelings of others. should we take her to court for custody? Do we have a case considering her harrassment of me and my fiancee and her mental illness?

  • ripped off

    My divorce was final in 2003 and I am disabled. I didn’t get alamony because I had a male roommate in 2002 and I didn’t have a good lawyer to advise me. My exhusband kept a separate bank account with his mother the whole time we were married he had his own business and he worked. I bought him a backhoe with money I made from my part-time job and he bought a six thousand dollar lawnmower and other expensive items for his business. I didn’t get any part of his business during the divoce settlement. I have an invention and it is a good one can he sue me for part of it since I had the idea for it in 1989? and do I have a case against him since I didn’t get any of the gifts that were given to me during the divorce?

    Thanks,
    Victoria

  • Sandra

    my niece has been divorce for 12 yrs.he told her he was not planning to remarry,therefore, he was not getting a divorce.she never filed either.now she has met someone and wants to marry.will she need to get a divorce 1st. Also,since she is still married to this man,can she still get 1/2 of his property. State of SC.

  • Venus

    Can I live with a male roommate while he is going through a separation period in South Carolina? It would be very beneficial financially, but I don’t want to screw up anything