Charleston, SC is home to people from around the country. For that reason, we receive calls from people each week who have had interaction with family courts in different states. They often ask about remedies that do not apply in Charleston county. Divorce laws vary significantly from state to state. South Carolina has several unique requirements that can affect how and when a divorce may be granted
Understanding these differences can help individuals make informed decisions during an already challenging time.
South Carolina Recognizes Both Fault and No-Fault Divorce
Some states only require spouses to show that the marriage has broken down.
In South Carolina, divorce may be granted based on:
- Adultery
- Physical cruelty
- Habitual drunkenness
- Desertion
- One year of continuous separation
The specific grounds for divorce can affect how a case proceeds.
The One-Year Separation Requirement
One of the most commonly misunderstood aspects of South Carolina divorce law is the separation requirement.
For a no-fault divorce, spouses generally must:
- Live separate and apart
- Remain separated continuously
- Complete a full year of separation
This requirement differs from many other states that allow no-fault divorces much sooner.
Property Division Is Not Always 50/50
Many people assume marital property is automatically divided equally.
South Carolina follows equitable distribution principles, which means courts seek a fair division based on the circumstances of each case.
Factors may include:
- Length of the marriage
- Contributions of each spouse
- Income and earning capacity
- Marital misconduct in certain situations
Fault May Still Matter
Unlike some states, fault can still play a role in certain aspects of a South Carolina divorce. Every situation is unique, and outcomes depend on the specific facts of the case.
Ultimately, South Carolina has unique laws regarding separation, fault, property division, and alimony.
Working with an experienced family law attorney can help ensure you understand your rights and options under South Carolina law.
At Henderson & Henderson, we are here to help. We have offices located in Charleston, SC and Pawley’s Island, SC, as well as an office in Summerville. For more family law related information, visit our blog or YouTube channel. If you or your family need help with divorce, give us a call at 843-258-6052.
