South Carolina Divorce FAQ — Most Common Questions (2026)

The 1-Year Separation

Do I really have to wait an entire year before filing? Yes — for a no-fault divorce in South Carolina, you must have physically lived apart in separate residences for 12 full continuous months before you can file. This is not a waiting period after filing; it is a prerequisite to filing.

What if we tried to reconcile briefly during the year? A brief reconciliation attempt that genuinely fails may not necessarily restart the clock, but courts interpret "continuous separation" strictly. Any ambiguity can become a contested issue. If you return home — even temporarily — get back out quickly and document the date.

We're still in the same house but in separate bedrooms — does that count? No. South Carolina separation requires living in separate residences. Two people living in the same dwelling, regardless of sleeping arrangements, are not legally separated for divorce purposes.

Residency

We both live in South Carolina — how long before I can file? If both spouses live in SC, only 3 months of residency is required. The 1-year separation is still required for no-fault.

My spouse moved out of state — how long before I can file in SC? You must have lived in South Carolina for 1 year before filing if only you are a SC resident.

Fault Grounds

Can I get a divorce faster using a fault ground? Yes — fault grounds (adultery, physical cruelty, habitual drunkenness/drug use, desertion for 1 year) bypass the 1-year separation requirement. You can file immediately if you have evidence of a fault ground. However, fault cases are typically more contested, more expensive, and slower overall because evidence must be proven.

Does adultery affect property division? Yes. Adultery is one of the 15 statutory factors in equitable distribution. The innocent spouse may receive a larger share of marital property.

Alimony

Can an adulterous spouse receive alimony in South Carolina? No. Under S.C. Code § 20-3-130(A), a spouse who has committed adultery is completely barred from receiving alimony. The bar is absolute once adultery is proven.

What if I'm the one who committed adultery but I need alimony? You would be barred from receiving alimony in South Carolina. This is one of the most significant practical consequences of adultery in SC law.

Property and Forms

Is South Carolina a 50/50 state? No. South Carolina is an equitable distribution state — marital property is divided fairly based on 15 statutory factors. Equitable does not mean equal. A common starting point is roughly equal, but fault, income differences, and other factors can shift the division.

Do both parties have to complete a Financial Declaration? Yes. Both parties must complete and file a Financial Declaration with the Family Court in all divorce proceedings.

Where do I get South Carolina divorce forms? sccourts.org/selfhelp → Family Court → Divorce. All standard forms are free.

Last reviewed: March 2026 | 1-year separation required | Adultery bars alimony — § 20-3-130(A) | 15 equitable distribution factors | sccourts.org/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.