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Your South Carolina Divorce Laws 2017

Get Your South Carolina Divorce Laws and Save Your Time… ….by Discovering The “Know-How” of the South Carolina Divorce Process


South Carolina Residency Requirement
According to the South Carolina Divorce Laws and South Carolina Divorce Guidelines, to get divorced in South Carolina:
(1) if both spouses are residents of the state, then the spouse filing must have been a resident for 3 months.
(2) If only one spuse is a resident of South Carolina, then the spouse filing for divorce must have been a resident of South Carolina for at least 1 year

Time to Divorce
There is a waiting period of 90 days after filing the South Carolina Divorce Forms and South Carolina Divorce Papers before a divorce will be granted

Place of Divorce (Venue)
The divorce can be filed in:
(1) The county where the defendant resides.
(2) If the defendant does NOT reside in South Carolina or is missing, then the divorce can be filed in the county where the plaintiff resides.
(3) If both spouses still live in South Carolina, then the divorce shall be filed in the county where the spouses last lived together.

South Carolina Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Living separate and apart without cohabitation for 1 year

Grounds for Fault based divorce:
(1) adultery
(2) alcoholism and/or drug addiction
(3) physical cruelty
(4) willful desertion for 1 year


NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in South Carolina, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , as shown in the SC divorce guidelines, is where BOTH spouses agree on the divorce terms such as South Carolina property distribution, South Carolina child support, or South Carolina child custody. Our clients (75%) usually prefer the Agreed Divorce method and both spouses sign the completed divorce forms and are agreed to the divorce.

  • A Default Divorce , from the divorce guidelines and South Carolina divorce laws, is when the other spouse doesn’t sign the South Carolina Divorce forms at all. He/she doesn’t do anything with the divorce. They simply default on their side of the case and the spouse who filed the original Complaint for Divorce gets whatever they asked for. Perfect!


South Carolina Divorce Resources
Here are the important divorce resources for South Carolina:


The Divorce Process to File Your Divorce in South Carolina
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for South Carolina at your Local County Courthouse (South Carolina Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in South Carolina
  • Attend your South Carolina divorce court hearing. That is it!


How The South Carolina Divorce Service Works

Divorce Process in South Carolina

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South Carolina Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a South Carolina divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • South Carolina Alimony Laws (South Carolina Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the South Carolina divorce laws for alimony, it is possible for alimony to be paid in one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in South Carolina.

South Carolina Child Custody Laws
Easy Definitions: (source: divorce process in South Carolina and SC divorce laws)

  • The Visitation Plan is the Plan the parents have on WHERE the children will live and WHEN the children will visit each spouse
  • Legal Custody is different than the Visitation Plan. It is the parent’s ability to make core decisions in the lives of the children…like, which church they will attend.
  • Physical Custody Is the parent’s choice of where the children will live. Also, which parent they live with and when they will exchange.

South Carolina Child Custody in a “Shared Custody” arrangement, is the normal method of our South Carolina divorce customers. If a “Sole Custody” arrangement is to be considered, then there typically must be a very good reason . Usually the job or financial status of a spouse is not to be considered for allocating any parental rights. Shared Custody or Sole Child Custody may be awarded to the Best Interests of the Child, of course.

Your South Carolina Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are South Carolina Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a South Carolina Legal Separation

South Carolina Child Support Calculator
You can calculate your child support in South Carolina right here.

The Missing Spouse Problem
If you don’t know where your spouse is currently located…in the USA or outside the USA… you may still get a divorce in South Carolina. It may involve the extra expense of running a newspaper ad or something similar, but it is doable and we help clients through the process everyday.

Wife’s Maiden Name Change
The Wife’s Maiden Name can be returned in the divorce process, if she wishes. We include the maiden name change in in our service as a FREE GIFT.

Your Local County Court Fees
When filing for divorce your local county court, they will do some charges. These will go on paying their clerks and the judges. The usual range of fees is between $75 and $200 to file a divorce. Every county does vary. So the best way to know is to call your county in the blue government section of your phone book. Regardless of whether you are going through a divorce service, using a South Carolina divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in South Carolina, you will be paying your own filing fees.


Divorce Laws and Guidelines





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3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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