South Carolina Divorce Laws

South Carolina divorce laws for people considering a South Carolina divorce or filing a South Carolina divorce with issues to be resolved about child custody, child support, visitation and alimony.  South Carolina statutes can be viewed at http://www.scstatehouse.gov/code/titl20.htm  Statutes cover but are not limited to the following subjects:

•Divorce Definitions

•Divorce Residency Requirements

•Grounds for Divorce

•Uncontested Divorce

•Simplified Divorce Process

•Military Divorce Laws

•Child Custody

•Child Support Considerations

•Child Support Definitions

•Child Support Guidelines

•Spousal Support, Maintenance, and Alimony guidelines

•Property Division Considerations

•Grandparents’ Rights

South Carolina Divorce Definitions

These definitions will help you understand some unique characteristics to the South Carolina Divorce laws, process and paperwork which is filed with the court.

Filing Party Title: Plaintiff -The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title: Defendant -The spouse who does not initiate the Divorce with the court.

Court Name: State of South Carolina, The Family Court of the ___ Judicial Circuit -The proper name of the court in which a Divorce is filed in the state of South Carolina. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.state.sc.us/dss/csed/ -The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction: In Re the Marriage of: The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document: Complaint for Divorce -The title and name of the legal document that will initiate the South Carolina Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document: -Decree of Divorce -The title and name of the legal document that will finalize the South Carolina Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name: County Clerk’s Office of the Family Court -The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation: South Carolina authorizes legal separation (separate maintenance). [Code of Laws of South Carolina; Chapter 3, Section 20-3-140].

Property Distribution: Equitable Distribution -The applicable South Carolina law that will dictate how property and debt is to be divided upon Divorce.

South Carolina Divorce Resources -

South Carolina Specific Divorce Overview

South Carolina Specific Divorce Articles -

South Carolina Specific Divorce Documents -

South Carolina Specific Divorce Professionals -