Divorce Laws in South Carolina

South Carolina Divorce Laws: Everything You Need to Know

Divorce is never easy, but in South Carolina, it is a bit more manageable. With a divorce rate of 3.2% per 1,000 of the population, the state falls below the median. But what exactly are the laws governing divorce in South Carolina? Let’s find out.

Divorce Grounds in South Carolina

No-Fault Divorce Grounds in South Carolina

• • • Separation without Cohabitation

The most common divorce ground in South Carolina is separation. After one year of separation without cohabitation, both parties can file for a divorce decree in a divorce court.

Fault Divorce Grounds in South Carolina

• • • Adultery

If your spouse is having sexual relations with a paramour, you can get a divorce on this ground in South Carolina.

• • • Desertion for One Year

Desertion by your spouse for one year or more is a valid ground for divorce in South Carolina.

• • • Habitual Drunkenness

If your spouse is a habitual drunkard or drug addict and you do not want to live with him or her, you can obtain a divorce under this ground in South Carolina.

• Physical Cruelty

Cruel treatment includes physical and mental torture or harassment. If you are bearing with any or all of these, you can get a divorce under this ground in South Carolina.

It’s important to note that for a no-fault divorce, you must provide a statement to the divorce court stating that the marriage is irretrievably broken. For a fault divorce, you must provide proof. Annulment is rare in South Carolina and is more difficult to prove.

While these laws may seem straightforward, navigating the legal system can be daunting. That’s where professional divorce lawyers come in. They can make your divorce legally easier and quicker, allowing you to move on with your life.

Divorce is never easy, but with the right information and legal support, you can make the process as smooth as possible. Contact a professional divorce attorney or divorce lawyer for more detailed information regarding divorce grounds in South Carolina.

South Carolina Annulment Laws: 

Marriage is a sacred bond, but sometimes, it just doesn’t work out. When that happens, couples turn to divorce to end their union. But what happens when the marriage was never really legal in the first place? That’s where annulment comes in.

Annulment and divorce are often used interchangeably, but they have different meanings. An annulment is a court’s declaration that the marriage never existed or is void. In South Carolina, both parties have the right to remarry after getting an annulment. So, what are the grounds for annulment in the Palmetto State?

• Mental Incapacity: If your spouse has a mental illness or is mentally incapacitated, you can claim annulment under South Carolina annulment laws.
• Fraud: Did your spouse misrepresent themselves or trick you into marriage? South Carolina annulment laws consider fraud a valid reason for annulment.
• Underage Marriage: A marriage between spouses younger than the legal age of marriage can be annulled under South Carolina annulment laws.
• Impotency: If your spouse is unable to consummate the marriage, you can obtain annulment on this ground under South Carolina annulment laws.
• Duress: If your spouse forced or threatened you into marriage, South Carolina annulment laws consider it a valid reason for annulment.
• Venereal Disease: If your spouse is infected with a sexually transmitted disease, South Carolina annulment laws allow you to obtain an annulment.

While annulment may seem like a more straightforward process than divorce, it’s important to note that it can still be complex and emotionally taxing. If you’re considering annulment, it’s best to consult with a legal professional to ensure you’re making the right decision.

Remember, marriage is a commitment, but it’s okay to admit when it’s not working out. With South Carolina annulment laws, you can have a fresh start and move forward with your life.

South Carolina Divorce Laws: FAQs

Divorce can be a complicated and emotional process, but knowing the laws in South Carolina can help make it a little easier. Here are some frequently asked questions about South Carolina divorce laws:

• • What are the residency restrictions for divorce in South Carolina?

According to South Carolina divorce laws, you must meet one of two residency requirements:

• • • If only one spouse is filing for divorce, they must have been a resident of South Carolina for at least one year.
    • If both spouses are filing for divorce, at least one of them must have been a resident of South Carolina for at least three months.

  • Is South Carolina a no-fault divorce state?

Yes, South Carolina allows for both fault and no-fault divorces. The only no-fault ground for divorce is separation without cohabitation, while the fault-based grounds include adultery, habitual drunkenness, cruelty, and desertion for one year.

• • How long do we need to live separately to get divorced in South Carolina?

Both spouses must live separately and apart from each other without cohabitation for at least one year to be eligible for divorce in South Carolina.

• • Where should we file for divorce?

The petition for divorce must be filed in the county where either spouse resides.

• • How long does it take to get divorced in South Carolina?

Under no-fault divorce grounds, it takes about three months or more after filing the petition to get divorced in South Carolina.

• • What is alimony?

Alimony, or spousal support, is money paid by one spouse to the other to help meet their financial needs. The amount and duration of alimony are determined by a divorce court based on the recipient spouse’s income.

• • Is South Carolina an equitable distribution state?

Yes, South Carolina is an equitable distribution state, meaning that assets and liabilities are divided in proportion to each spouse’s contributions to the marriage.

• • How can I get child custody?

Child custody is determined by the court based on the best interests of the child. To increase your chances of getting custody, you should demonstrate a sincere and positive attitude towards your child.

• • What is the difference between sole and joint custody?

Sole custody means that one parent has full custody of the child, while the other parent has visitation rights. Joint custody means that both parents share decision-making responsibilities for the child’s future.

• • What is child support?

Child support is a payment made by the non-custodial parent to the custodial parent to cover the expenses associated with caring for the child. The amount of child support varies based on the non-custodial parent’s gross income.

Divorce can be a difficult process, but understanding the laws in South Carolina can help you navigate it with confidence. If you have further questions or concerns, consult with a qualified attorney.