There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.
Divorces are granted in specific courts, designated as Family Courts. Family Court Judges have jurisdiction over divorce, as well as separations, child custody and visitation, child support, spousal support and alimony, and division of marital property, including retirement and pensions.
A divorce action may be initiated as a separate case, only requesting a divorce from the other spouse, once the grounds for the divorce are proven, or as part of an action including separate maintenance and support. To include the request for divorce as part of a case for separate maintenance and support, the parties must satisfy the separation requirement before filing, or the filing spouse must be able to prove the fault ground(s) alleged in the Summons and Complaint.
A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided. If there are minor children from the marriage, child custody, visitation, and support would be included in the Complaint. The party who files the case is the Plaintiff.
Once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint. The spouse’s attorney, if he or she has one, may accept service of the Summons and Complaint on behalf of his or her client. They then have 30 days to file an Answer, responding to the allegations in the Complaint and Counterclaim, outlining how he or she would like the Court to address the issues in the case.
In an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes, and is purely to determine whether the requirements for divorce on the ground requested have been met. A third party witness is required to corroborate the testimony of the party claiming that the grounds for divorce have been met.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
South Carolina does not recognize “legal separation.” Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties’ child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until the case is resolved at a final hearing or trial. An Order of Separate Maintenance and Support is a temporary order; it does not cover the issue of divorce, and it does not end the parties’ marriage.
In South Carolina, the only way to obtain a no-fault divorce is to live separately for one year. Living separately occurs when spouses live in two different locations. Living in different bedrooms in the same house does not qualify as living separately. Spouses do not need an Order of Separate Maintenance and Support to live separately, but it can help the spouses protect their financial interests and resolve visitation and custody issues during the separation period.
Either spouse may file an action for an Order of Separate Maintenance and Support, so long as the parties are living separate and apart (in a no-fault situation), or fault grounds can be proven.
Issues such as child custody, visitation, and support, which spouse will remain in the marital home, who will be responsible for paying the mortgage and other costs associated with the home during the separation period, closing joint accounts, allocating marital debt, transferring titles to personal property, such as automobiles and boats, into one spouse’s name or the other’s, (depending on who retains possession of the property), spousal support, and health insurance are addressed in an Order of Separate Maintenance and Support.
If the spouses are able to reach an agreement for an Order of Separate Maintenance and Support, the Judge will review the Agreement to make sure it is fair to both parties, in the best interest of their minor children, and that it follows South Carolina law.
The procedure for filing for an Order of Separate Maintenance and Support in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so. Once filed, the Summons, Complaint, and Notice and Motion for Temporary Relief are personally served upon the other spouse or his or her attorney. The spouse served is the Defendant, meaning he or she is not the filing party. The Defendant, or his or her attorney, then has thirty (30) days to file an Answer, responding to the Complaint, and Counterclaim, telling the Court what he or she would like the Judge to do regarding the issues in the case. The case is then heard by a Judge, who will decide the issues or review and approve an agreement between the parties. This Order will control the issues until the parties reach a Final Agreement as to all issues, or until the trial.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Marital property is real or personal property acquired during the course of the parties' marriage through the use of marital funds, or through the sale of additional marital property. Real property is real estate; personal property is tangible property, such as automobiles, boats, furniture, and household items.
Any property that is given to either spouse as a gift from a third party (not the other spouse) during the marriage, as well as any property inherited by either spouse during the marriage, is considered to be non-marital, unless the receiving spouse does something to indicate that he or she wishes for the property to be shared with the other spouse, such as deeding real property in both spouses' names, which would turn it into marital property.
Many states have community property laws, which provide that spouses equally divide any and all property acquired by both spouses, with a few exceptions, during their marriage. South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property.
The Judge considers a number of factors in making the decision. It does not matter in whose name property is titled in South Carolina, so long as the property was purchased during the marriage, and that marital funds were used, at least in part, to purchase the property. In dividing the equity interest in the marital home, for example, the Judge will consider both spouses' contributions to the home, whether financial or in-kind, through "sweat equity." A temporary order may divide property completely differently than a Final Order.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
Laws regarding child custody can be found in Title 63 - South Carolina Children's Code. The information below will direct you to sections within the Code for more information.
General consideration in custody proceeding of parent's military service (S.C. Code Ann. § 63-15-512)
Custody actions can be filed independently or as part of a divorce action in South Carolina. The standard applied in all custody actions is "the best interests of the child." The courts consider many factors in determining the best interests of a child including the physical, psychological, spiritual, educational, familial, emotional, and recreational aspects of the child's life. The courts will also assess each parent's character, fitness, and attitude as they impact the child; consider the child's preference for custody; and weigh any domestic violence. See S.C. Code Ann. § 63-15-10 - § 63-15-40 (2010); Patel v. Patel, 347 S.C. 281, 555 S.E.2d 386 (2001). A court cannot consider a parent's past deployment or possible future deployment "in itself" in determining the best interest of the child, but a court may consider any significant impact past or future deployment has on the best interest of the child.
Definition of "Custody" (S.C. Code Ann. § 63-15-210)
Courts can order many different types of custody arrangements. In general, there are two types of custody arrangements: "joint custody" and "sole custody." Joint custody means both parents have equal rights and responsibilities for major decisions concerning the child. Sole custody means one parent has the right and responsibilities for major decisions concerning the child.
Parenting Plans (S.C. Code Ann. § 63-15-220)
Parents must submit parenting plans to the court in custody proceedings reflecting the parental preferences as to how much time the child will spend with each parent and which parent will make major decisions for the child, including the child's education, medical and dental care, extracurricular activities, and religious training.
The most common parenting arrangement is where one parent serves as the primary caretaker of the child, and that the other parent has visitation with the child. The primary caretaker is responsible for the child most days of the year, with the other parent having visitation every other weekend, on some holidays, and during some summer weeks. The parent having visitation almost always is required to pay child support to the parent who is serving as the primary caretaker.
Also, many courts are now encouraging parents to use Our Family Wizard to schedule and track parenting time, share important information, and communicate effectively.
Guardians ad Litem (S.C. Code Ann. § 63-3-810 (2010); S.C. Code Ann. 63-3-830 (2010))
When a custody action is initiated, the court will appoint a guardian ad litem. Guardians ad litem are independent people who interview parents, children, family members, friends, school personnel, and other people involved in the family's life, as well as collect evidence regarding the children, to make a recommendation to the court as to the best custody arrangement for the child.
A custody action or a divorce action in which custody is contested must be filed by an attorney. When custody is contested, both parties to the action must participate in mediation.
Indian children (S.C. Code Ann. § 63-15-306)
The information provided does not apply to a child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq. (2013).
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Child support is payments made by a noncustodial parent for support of a child or children. In South Carolina, court ordered child support is set based on child support guidelines which consider the income of both parents. Every state has child support guidelines which are reviewed and updated every 4 years. Support is based on gross income. Child support, alimony, the number of other children in the home, health insurance, child care costs and extraordinary medical expenses are also considered in determining the support amount.
Child support calculator
SC Child Support Guidelines
Child support may be increased or decreased when there is a substantial change of circumstances. These might be situations like losing your job, making substantially less, a child now lives with you, a child is now emancipated, or you have a medical condition, injury or disability. If you have a substantial change, act quickly. Child Support can only be modified from the time you file the action forward. For example, if you become disabled in January but do not file for a modification until June, the support can only be changed from the June filing date. It will not go back to the date you became disabled. Generally, the current child support order must be from South Carolina. If the order is from another state and the child or other parent lives in that state, that state must handle the modification.
Information on modifying a South Carolina child support order
Court approved forms for modification
If you fail to pay child support, you can be held in contempt of court. If you are required to make payments through the Clerk of Court’s office, the clerk will automatically issue a Rule to Show Cause for failure to pay. You will be notified of the date and time for the hearing. You will need to show the judge why you have not made your payments as ordered. If the court finds you in contempt, you could be sentenced to up to a year in jail, up to a $1500.00 fine or both.
Resources if you are unable to pay support
Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not end automatically. You will need to file a motion or other court action to terminate the support obligation.
Form SCCA440 to file for emancipation
Additional information on child support in South Carolina
Information for fathers and noncustodial parents
Child Support Services Division of SC Department of Social Services
Child Support Information - LawHelp.org
Child Support Modification Forms Help - LawHelp.org
What you need to know about child support - SC Appleseed Legal Justice Center
South Carolina Children’s Code - Paternity and Child Support
Federal Office of Child Support Enforcement
Changing a Child Support order in SC
Federal Office of Child Support Enforcement
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 803-799-7100.
Most parents agree on when and where a non-custodial parent will visit their children. Many parents choose to characterize the non-custodial parent's time with the child as "reasonable visitation" and to work out flexible visitation schedules among themselves.
When parents cannot agree about visitation, the judge will set up a definite visitation schedule, taking into consideration such things as the age of the children, the visiting parent's relationship with them, the home conditions of the parent with custody and of the visiting parent, and any special problems of the children such as their physical or emotional health.
Judges feel that children are best off when they are reminded regularly that they have two parents, both of whom care about them. A judge usually will not deny or restrict a parent's right to reasonable visitation unless he finds that the visitation is bad for a child's physical, mental, moral or emotional health.
In most cases, try to establish regular weekly or alternate weekend and holiday visitation, with a fair sharing of school vacations and holidays.
A non-custodial parent does not lose the right to visit children because of a failure to pay child support, and a custodial parent cannot withhold visitation because the other misses support payments. Both a refusal to allow court-ordered visitation and a failure to pay court-ordered support may result in punishment by a judge.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100.
This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.