Family Law Laws in South Carolina

Family Law Law in South Carolina: Overview

South Carolina family law is governed by South Carolina Code of Laws Title 20 (Domestic Relations). The state follows equitable distribution for marital property and recognizes both no-fault and fault-based grounds for divorce. The no-fault ground requires one year of continuous separation. Fault-based grounds include adultery, habitual drunkenness, physical cruelty, and desertion. South Carolina uses the income shares model for child support and applies the best interests of the child standard for custody. The state requires a one-year residency period for one spouse (or three months if both spouses reside in the state). South Carolina is notable for its treatment of marital misconduct in alimony determinations, where adultery can completely bar a spouse from receiving alimony, and for its comprehensive equitable distribution framework that considers 15 statutory factors.

Key Statutes & Deadlines

Adultery as an Alimony Bar

South Carolina, like Georgia, provides that adultery is a complete bar to alimony. Under S.C. Code § 20-3-130(A), no alimony shall be awarded to a spouse who commits adultery before the earliest of the date of a written property or marital settlement agreement, the date of a formal court order approving such an agreement, or the beginning of the parties' final hearing. This bright-line rule makes proof of adultery critically important in South Carolina divorce proceedings, as it can completely eliminate one party's right to alimony regardless of other circumstances such as the length of the marriage or the financial disparity between the parties. The adultery must be proven by a preponderance of the evidence.

Fifteen Factors for Equitable Distribution

South Carolina courts divide marital property equitably using 15 statutory factors under S.C. Code § 20-3-620, including the duration of the marriage, the marital misconduct or fault of either party, the value of marital property, each party's income, earning potential, and opportunity for future acquisition of capital assets, the physical and emotional health of each party, the need of the custodial parent to occupy the marital home, the tax consequences, the existence of any prior support obligations, and any other relevant factors. South Carolina distinguishes between marital and nonmarital property, with only marital property subject to division. The court may consider fault as a factor in property division, though it is just one of many considerations.

Child Custody and Best Interest Factors

South Carolina applies the best interests of the child standard for custody, considering factors including the child's temperament and developmental needs, each parent's ability to understand and meet the child's needs, the preferences of each child, past and current interaction of each parent with the child, the manipulative or coercive behavior of each parent, the relationship between the child and siblings, the educational opportunities for the child, and any history of domestic violence. South Carolina does not have a statutory presumption favoring joint custody, though courts may award joint custody when it serves the child's best interests. The state requires parents in custody disputes to attend a parenting education program.

South Carolina Court System

Family law cases in South Carolina are heard by the Family Courts, which are a division of the Circuit Court and have exclusive jurisdiction over domestic relations matters. South Carolina has 16 judicial circuits, and Family Courts operate throughout the state. Family Court judges handle divorce, custody, child support, adoption, domestic violence, and related matters. South Carolina requires mediation in contested custody and visitation cases and offers court-connected mediation services. The state also utilizes guardians ad litem in custody disputes. Appeals from Family Court decisions go to the South Carolina Court of Appeals and may be further reviewed by the South Carolina Supreme Court.

Damages & Penalties

South Carolina divides marital property equitably using 15 statutory factors, including fault. Nonmarital property is excluded. Alimony may be periodic (ongoing), lump-sum, rehabilitative (to gain education or training), or reimbursement (to compensate contributions to a spouse's education). Adultery by the requesting spouse is a complete bar to alimony. The court considers factors including the duration of the marriage, the physical and emotional condition of each party, the standard of living, the earning capacity, and any marital misconduct. Child support follows the income shares model under the South Carolina Child Support Guidelines, considering both parents' gross incomes, the number of children, health insurance, childcare, and the custody arrangement. Enforcement includes income withholding, contempt, license suspension, tax refund intercepts, and criminal prosecution. The South Carolina Department of Social Services assists with child support enforcement.

Recent Legislative Changes

South Carolina has updated its child support guidelines and has enhanced its family court services, including improved mediation programs and parenting education requirements. The state has also expanded access to court services for self-represented litigants.

Frequently Asked Questions