South Carolina Family Law Attorneys

At DearLegal, we connect you with experienced South Carolina family law attorneys who can navigate South Carolina’s unique 1-year separation requirement and fault grounds. Whether you’re in Charleston, Columbia, North Charleston, Mount Pleasant, Greenville, or anywhere in the state, we’ll match you with the right attorney — at no cost to get started.

No-fault divorce requires 1 year of continuous separation before filing. Once filed, the case typically takes 90 days to a final hearing. Fault-based divorces (adultery, cruelty) can be faster — sometimes 3-6 months total. Contested cases generally take 12-18 months.

Yes, but only on the ground of 1 year of continuous separation. South Carolina also recognizes 4 fault grounds: adultery, physical cruelty, habitual drunkenness or drug use, and desertion for 1 year.

Yes for no-fault — 1 year of continuous separation. For fault grounds, no separation period is required, though proof of the fault is needed.

South Carolina is an equitable distribution state. Under S.C. Code § 20-3-620, the court divides marital property equitably across 15 factors including duration, age, health, contributions (including homemaker), economic circumstances, prior marriages, education, and conduct (including marital misconduct). Non-marital property (premarital, gifts, inheritance) is set aside to the owner.

South Carolina applies a best-interests standard under S.C. Code § 63-15-240 with 17 factors. No statutory preference for joint custody, but it can be ordered when in the child’s best interest. Marital fault (especially adultery in the home) can be a factor in custody.

South Carolina uses Income Shares under the South Carolina Child Support Guidelines (S.C. Code § 63-17-470). Both parents’ gross incomes are combined and applied to the state schedule, then prorated, with adjustments for shared custody (110+ overnights), healthcare, and childcare.

Yes. Custody can be modified on a substantial change in circumstances. Child support requires substantial change. Permanent periodic alimony can be modified; lump sum cannot. Periodic alimony terminates on remarriage or continuous cohabitation for 90+ days. Property division is final.

Why Do You Need a Family Law Attorney in South Carolina?

South Carolina has 5 grounds for divorce under S.C. Code § 20-3-10: adultery, desertion for 1 year, physical cruelty, habitual drunkenness, and 1 year of continuous separation (no-fault). Residency is 1 year if both spouses are non-residents at time of filing, or 3 months if both spouses are SC residents. South Carolina is an equitable distribution state under S.C. Code § 20-3-620 — marital property is divided equitably across 15 statutory factors. Custody is decided under best-interests factors at S.C. Code § 63-15-240. South Carolina uses Income Shares under the South Carolina Child Support Guidelines. South Carolina also has unique heart-balm tort recognition (alienation of affection abolished in 1992).

When Do You Need a Family Law Attorney in South Carolina?

Our network includes South Carolina family law attorneys who handle every kind of case, including:

Types of Family Law Cases in South Carolina

From the moment you connect with a South Carolina family law attorney, they go to work protecting your claim. The most common case types we handle:

Continued cohabitation during the 1-year separation — even brief reconciliation resets the clock

Post-separation adultery — South Carolina bars alimony to the adulterer; affects equitable distribution

Hiding assets — South Carolina Family Court treats nondisclosure harshly

Posting on social media — South Carolina courts use it heavily in fault-based divorces

Filing in South Carolina when the child’s home state under UCCJEA is elsewhere

Missing the residency requirement under S.C. Code § 20-3-30

Continued cohabitation during the 1-year separation — even brief reconciliation resets the clock

Post-separation adultery — South Carolina bars alimony to the adulterer; affects equitable distribution

Hiding assets — South Carolina Family Court treats nondisclosure harshly

Posting on social media — South Carolina courts use it heavily in fault-based divorces

Filing in South Carolina when the child’s home state under UCCJEA is elsewhere

Missing the residency requirement under S.C. Code § 20-3-30

Common South Carolina Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do South Carolina Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in South Carolina are not handled on contingency. South Carolina Rule of Professional Conduct 1.5(d)(1) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. South Carolina family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under Glasscock v. Glasscock factors.

What Can Your South Carolina Family Law Compensation Include?

Property Division

Equitable distribution under S.C. Code § 20-3-620 — 15-factor analysis including marital fault.

Alimony

Five types under S.C. Code § 20-3-130. Adultery bars alimony. Periodic terminates on remarriage or 90+ days continuous cohabitation.

Child Support

South Carolina Child Support Guidelines (Income Shares) with shared custody adjustments at 110+ overnights.

Custody and Parenting Time

Legal and physical custody under S.C. Code § 63-15-240’s 17 factors.

Attorney’s Fees

South Carolina Family Court awards fees under Glasscock v. Glasscock factors based on financial conditions and beneficial results.

Protective Orders

Orders of Protection under the Protection from Domestic Abuse Act — ex parte and 1-year orders.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

South Carolina Family Law Attorneys

Why Do You Need a Family Law Attorney in South Carolina?

When Do You Need a Family Law Attorney in South Carolina?

Types of Family Law Cases in South Carolina

Common South Carolina Family Law Mistakes

How Much Do South Carolina Family Law Attorneys Cost?

What Can Your South Carolina Family Law Compensation Include?

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