In South Carolina, choosing between a fault and no-fault divorce isn’t just a procedural question — it can determine whether your spouse receives alimony, how quickly your case resolves, and what leverage each of you has at the negotiating table. Here’s what you need to know before you file anything.
No-fault divorce in SC requires one full year of living completely apart. Fault divorce skips the waiting period if you can prove adultery, physical cruelty, habitual drunkenness, or desertion — but it requires evidence and tends to cost more. The most significant financial consequence: a spouse proven guilty of adultery is barred from receiving alimony entirely.
South Carolina’s Grounds for Divorce
South Carolina is not a pure no-fault state. It gives you a choice. Under SC law there are five recognized grounds for divorce — one no-fault and four fault-based:
| Ground | Type | Waiting Period | Evidence Required |
|---|---|---|---|
| One-year separation | No-fault | 12 months continuous | Proof of separate residences |
| Adultery | Fault | None | Opportunity + inclination; direct proof rarely required |
| Physical cruelty | Fault | None | Medical records, police reports, witness testimony |
| Habitual drunkenness / drug abuse | Fault | None | Pattern of conduct; arrest records, witness accounts |
| Desertion | Fault | One year of desertion | Proof spouse willfully abandoned marital home |
How the One-Year Separation Rule Works in SC
This is where most people hit unexpected obstacles. The year isn’t just a calendar calculation — it has specific legal requirements that are easy to accidentally violate.
- Completely separate residences. Separate bedrooms in the same house does not qualify. Both spouses must maintain entirely different addresses.
- No cohabitation. If spouses spend even a period of time living together during the year — even attempting reconciliation — the clock resets to zero. Courts look at the totality of the living arrangement, not just isolated incidents.
- The date matters. The one-year clock typically starts from the date one spouse moved out. If that date is disputed, it can become a contested issue in your case.
- You can file before the year is up. Most SC attorneys file the divorce complaint shortly before the one-year anniversary so the case is already before the court when the waiting period expires.
The day you leave the marital home starts the legal clock — and can affect property claims, temporary support, and custody arrangements. Consult an attorney before you move, not after.
How Fault Affects Alimony and Property in South Carolina
This is the section that matters most if money is a factor in your divorce — and it almost always is.
Alimony
South Carolina courts can award several types of alimony, including periodic, lump-sum, rehabilitative, and reimbursement support. But fault — specifically adultery — can eliminate the conversation entirely.
Under SC Code § 20-3-130(A), a spouse found guilty of adultery cannot receive alimony — period. No financial need, no length of marriage, no mitigating circumstances will override this bar. If your spouse is having an affair and you can prove it, they lose their right to support entirely. If you are the one who committed adultery, you should know going in that alimony will not be available to you.
Property Division
South Carolina divides marital property under equitable distribution — fairly but not necessarily equally. Fault can be one of the factors a court weighs, but it rarely causes dramatic shifts in the property split on its own. The more significant financial lever fault gives you is on the alimony question, not the asset split.
That said, financial misconduct — wasting marital assets during an affair, for example — can directly reduce what the at-fault spouse receives from the marital estate.
Child Custody
SC courts determine custody based on the best interests of the child. Fault grounds alone rarely change custody outcomes unless the misconduct directly affects the children’s well-being — for example, substance abuse, domestic violence, or exposing children to inappropriate situations.
Fault vs. No-Fault: Side-by-Side Comparison
- No mandatory waiting period (except desertion)
- Can bar spouse from alimony (adultery)
- Can finalize in ~90 days if uncontested
- Requires evidence of misconduct
- Higher legal costs and conflict potential
- Court proceedings can become public record
- Strategic when adultery or cruelty is documented
- Requires one full year of separation
- No misconduct to prove or dispute
- Lower legal costs in most cases
- Less adversarial — better for co-parenting
- More predictable process and timeline
- Works well when both parties want to move on
- Standard choice for uncontested divorces
Which Should You Choose? Key Questions to Ask
There’s no universal right answer — it depends on your specific situation. Here’s how to think through it:
Is alimony a real issue in your case? If your spouse may seek spousal support and you have evidence of their adultery, a fault divorce may protect you financially. If you yourself committed adultery, you should factor in that you will not be eligible for alimony before deciding how to proceed.
How quickly do you need this resolved? If you’re in an abusive situation or face urgent financial issues, a fault divorce can bypass the one-year wait. If you have time and the relationship is civil, no-fault is usually cheaper and less damaging.
Do you have provable evidence? Suspicion isn’t enough for a fault divorce. You need documentation — text messages, financial records, witness accounts, or in the case of adultery, evidence of both opportunity and inclination. Going to court without solid evidence can backfire.
Are children involved? If so, a no-fault divorce generally preserves a more cooperative co-parenting relationship. Fault divorces can inflame conflict in ways that continue long after the divorce is final.
What does your attorney say after reviewing your facts? This decision should be made with a lawyer who knows South Carolina family law and has reviewed the specific circumstances of your marriage. The strategic choice isn’t always the obvious one.
Not sure which path is right for your situation?
The fault vs. no-fault decision has long-term financial consequences. Speak with a Charleston divorce attorney before you file anything.
Talk to a Divorce LawyerFrequently Asked Questions
What is no-fault divorce in South Carolina?
In South Carolina, a no-fault divorce requires you and your spouse to live separately and apart — in completely separate residences — for at least one continuous year. You do not need to prove any wrongdoing. The one-year clock resets if the spouses cohabit at any point during the separation period.
What are the grounds for a fault divorce in South Carolina?
South Carolina recognizes four fault-based grounds for divorce: adultery, physical cruelty, habitual drunkenness or drug abuse, and desertion for one year. Proving fault requires evidence — which may include witness testimony, financial records, or digital communications.
Does adultery affect alimony in South Carolina?
Yes, and significantly. Under South Carolina law, a spouse found guilty of adultery is completely barred from receiving alimony — regardless of financial need or the length of the marriage. This is one of the most consequential aspects of a fault divorce in SC and often the deciding factor in whether to pursue fault-based grounds.
Can I get a faster divorce by filing on fault grounds?
Potentially, yes. A fault divorce in South Carolina does not require the one-year separation period, so if you have clear evidence of adultery, physical cruelty, habitual drunkenness, or desertion, you can file immediately. An uncontested fault divorce can sometimes be finalized in as little as 90 days. However, proving fault requires evidence and often increases legal costs and conflict.
Does fault affect property division in South Carolina?
South Carolina is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Fault can be one of the factors a court considers, but it rarely produces dramatic shifts in the overall property split. The bigger financial impact of fault is usually on alimony. Financial misconduct during the marriage — like wasting marital assets — can directly reduce what the at-fault spouse receives.
What happens if my spouse and I reconcile during the separation year?
If you cohabit — even briefly — during the one-year separation period required for a no-fault divorce in SC, the clock resets to zero. You must complete a full, uninterrupted year of separate residences before you can file. Courts look at the totality of circumstances; brief visits do not automatically reset the clock, but resuming the marital relationship does.
Is South Carolina a no-fault divorce state?
South Carolina allows both fault and no-fault divorce. It is not a “pure” no-fault state — fault-based grounds (adultery, physical cruelty, habitual drunkenness, and desertion) remain available and can significantly affect outcomes like alimony. The majority of divorces in SC are filed on no-fault grounds due to the lower conflict and cost, but fault grounds remain an important strategic option in the right circumstances.
When should I consult a divorce lawyer about fault vs. no-fault?
Before you file — and ideally before you move out. The decisions made in the early days of a separation can determine whether you qualify for a fault divorce, whether the one-year clock has started correctly, and whether evidence of fault is preserved or lost. An attorney can assess your specific situation and help you choose the path most likely to protect your financial and parental interests.
Speak with a Charleston Divorce Lawyer
Every divorce in South Carolina involves choices that have lasting financial and personal consequences. Henderson & Henderson helps clients in Charleston, Summerville, and across the Grand Strand understand their options and make strategic decisions from day one.
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John Henderson is a South Carolina family law attorney with extensive experience representing clients in contested and uncontested divorces, high-asset property division, and custody disputes. He practices out of Henderson & Henderson’s Charleston office and is recognized by Super Lawyers. View full bio →
