Divorce

Unlike some other states, South Carolina law requires you to prove that you are entitled to be granted a divorce from your spouse. 

The most common ground for divorce in South Carolina today is the no-fault basis of living separate and apart for a continuous period of one year without reconciliation. While this may seem straightforward, it requires careful documentation and legal preparation. To successfully obtain a divorce on this ground, you must present what is called a “corroborating witness” who can testify before the court that you and your spouse have indeed lived apart for the entire required year prior to filing your divorce action. This witness must also testify that there has been no collusion between you and your spouse to fraudulently obtain the divorce. The corroborating witness requirement is not merely a formality—it’s a legal safeguard that the court takes seriously, and failing to properly present this testimony can result in your divorce being denied.

Fault-Based Grounds for Divorce:

• Adultery – You do not have to prove that your spouse was physically intimate with another person. You can prove adultery if you can show that your spouse had the opportunity and inclination.
• Physical cruelty – This does not include emotional or mental abuse. You must show that your spouse created a substantial risk of death or serious bodily injury.
• Habitual drunkenness or drug use – You must show the court that the regular use of alcohol or drugs led to the breakdown of the marriage.
• Desertion – Your spouse must have deserted you for at least one year.

These fault-based cases often involve complex evidence gathering, witness testimony, and sometimes private investigation, making experienced legal representation particularly valuable. 

Common Questions About Divorce in South Carolina

How long does a divorce take in South Carolina?

In fault-based divorces, there is a ninety (90) day waiting period before a final trial can occur. In no-fault divorces, a hearing cannot occur until the separation period has elapsed and the other party has been served. However, if you have other issues in your case, such as custody, support, and property division, a final trial will likely not occur at the end of your waiting period. 

Do I have to be living apart from my spouse to file for divorce?

If you still live with your spouse, you can file for divorce on fault-based ground. You must be living separate and apart to file for a no-fault divorce.

What if I do not meet the grounds for a divorce?

South Carolina law provides an alternative legal framework through an order of separate support and maintenance. This legal mechanism can define the relationship between separated spouses, addressing issues such as temporary financial support, living arrangements, and preliminary child custody matters while you work toward meeting the requirements for divorce. This option can be particularly beneficial when one spouse needs financial support during the separation period.

If I file for divorce, will that cover property division or spousal support?

Filing for divorce does not cover other causes of action you may have. These typically include child custody and visitation arrangements, child support obligations, spousal support, and the division of marital property and debts. Understanding the timing and scope of these issues is crucial because certain matters cannot be addressed by the court after a divorce has been finalized. This creates what lawyers call a “use it or lose it” scenario—if you don’t raise these issues during your divorce proceedings, you may forever lose the right to have the court address them later.

What if my spouse and I agree on all issues?

Many divorcing couples in South Carolina are able to reach agreements on some or all of their disputed issues through negotiation, mediation, or collaborative law processes, avoiding the need for a judge to make the final decisions after a contested trial. However, it’s important to understand that even when spouses reach complete agreement on all issues, South Carolina law still requires court approval of these settlements. This means that a hearing before a family court judge is necessary for the court to review your agreement, ensure it meets legal requirements, and incorporate it into your final divorce decree. The judge will examine your settlement to ensure it is fair, that both parties understand their rights, and that any provisions affecting children serve their best interests.

Navigating divorce requires both legal expertise and emotional support. We’re here to protect your interests while helping you move forward with confidence toward your new beginning.