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
- Living separately without cohabitation for at least one year
- Desertion for a period of one year
- Physical cruelty
- Habitual drunkenness or use of any narcotic drug
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
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.