South Carolina Divorce: What You Need to Know

In South Carolina, a divorce officially terminates a marriage; the legal term is dissolution of marriage. States have varying laws; divorce cases in South Carolina start in Family Court in the county where at least one spouse resides. This publication will inform you about the divorce process in South Carolina. You can learn about waiting periods, types of divorce, court procedure, where to file depending on your county, residency requirements, and how to get divorce records. The legal and procedural parts are the only subjects we will discuss; we will not provide relationship counseling.

How Does Divorce Work in South Carolina?

To file for divorce in South Carolina, either you or your spouse must have been a resident for the whole year before the divorce is filed, unless both spouses are residents, in which case the requirement is three months.

No-fault and fault grounds are allowed for divorce in South Carolina. One no-fault ground is that the spouses have lived separately and apart for a year and not lived together. Fault grounds include adultery, physical abuse, desertion, and habitual drug or alcohol abuse. Fault may be a consideration in issues of custody and alimony.

The law of South Carolina requires divorcing spouses to have separated and lived apart for one year before obtaining a no-fault divorce. A divorce based on fault grounds can be completed without one year's separation, but the grounds have to be established by witness testimony and documentation.

When the separation requirement is met, uncontested divorces can be completed in a few months, contested divorces, depending on mediation, hearing, and the trial date can take more time.

Types of Divorce in South Carolina

South Carolina law provides several types of divorce:

• Uncontested divorce: Both spouses agree on custody, property division, and support. These are faster and less costly.
• Contested divorce: Disagreements exist, requiring mediation, hearings, or trial. These cases take longer and involve more expense.
• No-fault divorce: Based on living apart for one continuous year.
• Fault-based divorce: This divorce needs a reason, such as adultery or physical cruelty. These cases may be finalized more quickly if there is ready proof.
• Collaborative divorce: In this type of divorce, couples can negotiate settlements outside of court with the assistance of attorneys and mediators.
• Legal separation: Although South Carolina does not recognize legal separation, it allows couples to request separate maintenance and support without dissolving their union.

South Carolina Divorce Court Process and Forms

You may file for a divorce in South Carolina in the Family Court of the county where either spouse resides. The process begins when one spouse, the plaintiff, files a Complaint for Divorce.

Other required documents may include:

• Summons
• Family Court Coversheet
• Financial Declaration Form
• Parenting Plan (if children are involved)
• Settlement Agreement (for uncontested divorces)

A sheriff, process server, or certified mail must deliver the complaint and summons to the other spouse, known as the defendant. After that, the defendant has 30 days to respond.

Both parties must make financial disclosures. Before the court makes custody decisions, parents who have children must participate in a Parenting Education Program.

In cases involving custody or property issues, judges frequently mandate mediation. The case only goes to trial if they are unable to reach an agreement.

A Final Decree of Divorce, which terminates the marriage and establishes guidelines for child support, alimony, property division, and custody, is signed by the judge to complete the divorce.

City- and County-Level Filing Details

Divorces in South Carolina are filed at the county level in Family Courts. Here are details for some of the largest counties:

• Richland County (Columbia):
  • Courthouse: You may find the Family Court, which handles divorce matters in Richland County, at 1701 Main Street, Columbia, SC 29201.
  • Services: You can obtain filing instructions for divorce from the clerk of this court. The family court here typically requires mediation in many contested cases.
• Greenville County (Greenville):
  • Courthouse: You may locate the Family Court serving the Greenville County population at 350 Halton Road, Greenville, SC 29607.
  • Services: You may find online forms for this court; the court orders mandatory parenting classes for custody disputes.
• Charleston County (Charleston):
  • Courthouse: You can find the Family Court for Charleston County at 100 Broad Street, Charleston, SC 29401.
  • Services: The Clerk of this court can provide self-help resources when needed; the court strongly encourages mediation in family law cases.
• Spartanburg County (Spartanburg):
  • Courthouse: Anyone looking for the Spartanburg County Family Court can find it at 180 Magnolia Street, Spartanburg, SC 29306.
  • Services: The family court in Spartanburg County requires parenting education; the court offers mediation for contested matters.
• Horry County (Conway/Myrtle Beach):
  • Courthouse: You can find the Horry County Family Court, which covers Conway and Myrtle Beach, at 1301 2nd Avenue, Conway, SC 29526.
  • Services: The Clerk of this court can provide filing packets; online access to the court’s forms is available on their website.

How to Search for Divorce Records in South Carolina

In South Carolina, divorce records are generally made public, although private information, such as financial accounts, Social Security numbers, and details about minor children, is redacted. The Family Court Division Clerk of Court in the county where the divorce was finalized is responsible for maintaining the records.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the county clerk for a fee.
• Online: The South Carolina Judicial Branch Public Index provides limited docket information by county. Full documents must be obtained directly from the courthouse.
• Vital Records: The South Carolina Department of Health and Environmental Control (DHEC), Vital Records Office issues divorce reports (summary records, not full decrees) for divorces granted since July 1962.
• Third-party services: There are private record search websites that may provide case information; however, to obtain certified copies, you must do so directly from the courts or the state's Vital Records office.

The names of the spouses, the date and county of the divorce, the case number, and the court's decisions regarding custody, property division, spousal support, and alimony are usually included in divorce documents. The official document attesting to the marriage's legal dissolution is the Final Decree of Divorce.

Key Points

• Divorce in South Carolina is filed in Family Court in the county where either spouse lives.
• Residency requires one year if only one spouse lives in the state, or three months if both are residents.
• Couples filing for a no-fault divorce have to be separated for one year before they can file for divorce, while fault-based grounds such as adultery may allow faster resolution.
• Parents are required to attend parenting education classes, and mediation is often used in custody disputes.
• Divorce records are public and available from county clerks, with statewide summaries provided by the DHEC Vital Records.