Family Law Law in South Carolina

Family law in South Carolina encompasses a broad range of legal matters that touch the most personal aspects of people's lives, including divorce, child custody, adoption, and domestic violence protections. South Carolina has several distinctive features that set it apart from other states, including its recognition of common law marriage for unions formed before July 24, 2019, its mandatory waiting periods for divorce, and its use of the Family Court system as a specialized tribunal dedicated exclusively to family matters. The state follows equitable distribution principles for dividing marital property, meaning courts divide assets fairly but not necessarily equally, taking into account factors like the length of the marriage and each spouse's financial contributions. South Carolina also maintains fault-based grounds for divorce, including adultery, physical cruelty, habitual drunkenness, and desertion, which can influence property division and alimony awards. People who typically need a family law attorney in South Carolina include spouses going through divorce, parents navigating custody and child support disputes, individuals seeking protective orders against abusive partners, grandparents or relatives pursuing visitation rights, and prospective adoptive parents. Given the emotional stakes and complex legal procedures involved, having experienced legal representation is critical to protecting your rights and achieving outcomes that serve your family's best interests.

Key Family Law Statutes in South Carolina

Family law in South Carolina is primarily governed by Title 20 of the South Carolina Code of Laws, which covers domestic relations broadly. Key provisions include South Carolina Code § 20-3-10 through § 20-3-620, which address divorce and legal separation, including the one-year continuous separation requirement for no-fault divorce under § 20-3-10. Child custody and visitation are governed by § 20-3-160 and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at § 20-7-782 through § 20-7-966. Child support is addressed under § 63-17-470, with calculations guided by the South Carolina Child Support Guidelines. Adoption proceedings are governed by § 63-9-10 through § 63-9-1130 under the South Carolina Children's Code (Title 63). Domestic violence protections fall under the South Carolina Protection from Domestic Abuse Act, § 20-4-10 through § 20-4-160. Alimony and spousal support provisions are found in § 20-3-120 through § 20-3-140, while equitable distribution of marital property is governed by § 20-7-472.

Penalties and Consequences in South Carolina

Family law matters in South Carolina carry serious legal consequences for non-compliance. A parent who violates a court-ordered custody or visitation arrangement may be held in contempt of court under § 63-3-620, facing fines, attorney's fees, and potential jail time of up to one year. Failure to pay court-ordered child support can result in wage garnishment, suspension of driver's and professional licenses, seizure of tax refunds, reporting to credit agencies, and incarceration for willful non-payment. In divorce proceedings, a finding of adultery can bar a spouse from receiving alimony entirely under South Carolina law. Individuals who violate a domestic violence protective order face criminal charges under § 16-25-30, with penalties including fines and imprisonment ranging from 30 days for a first offense to up to five years for subsequent violations or aggravated circumstances. Parties found to have hidden marital assets during divorce proceedings risk adverse rulings, sanctions, and attorney's fee awards. Non-compliance with court orders in family cases is taken seriously by South Carolina Family Courts, and repeated violations can result in increasingly severe penalties.

The Court Process in South Carolina

Family law cases in South Carolina are handled exclusively by the Family Court, a specialized division of the Circuit Court established under § 63-3-10 of the South Carolina Code, with at least one Family Court judge sitting in each of the state's 16 judicial circuits. Cases typically begin with the filing of a summons and complaint or petition at the county Family Court, followed by service of process on the opposing party. The responding party then has 30 days to file an answer. In contested matters, the court may schedule temporary hearings to establish interim orders for custody, support, and use of the marital home while the case is pending. Discovery processes, including financial disclosures, interrogatories, and depositions, are commonly used in divorce and custody cases. Many courts require mediation before a final hearing, particularly in custody disputes. Final hearings are conducted before a Family Court judge without a jury, and the judge issues a final order resolving all contested issues. Parties dissatisfied with the outcome may appeal to the South Carolina Court of Appeals and, in some circumstances, to the South Carolina Supreme Court.

Common Family Law Situations in South Carolina

South Carolina residents seek family law assistance most frequently for divorce proceedings, including both contested divorces involving disputes over property, alimony, or children, and uncontested divorces where spouses have reached agreement. Child custody and visitation disputes are among the most emotionally charged matters, particularly when parents live in different counties or states, triggering jurisdictional questions under the UCCJEA. Modifications to existing custody, visitation, and child support orders are common when a parent experiences a significant change in income, relocation, or change in the child's needs. Domestic violence victims frequently seek emergency protective orders and assistance navigating the legal system safely. Paternity actions, where the legal father of a child must be established to enforce support or custody rights, are another frequent issue. Adoptions, including stepparent adoptions, agency adoptions, and private placements, also bring many families to family law attorneys, as do matters involving grandparent visitation rights and guardianship of minors.

Why Go To Court for South Carolina Family Law Matters

Go To Court offers South Carolina residents reliable, experienced legal representation across all areas of family law, ensuring your rights and your family's wellbeing are protected at every stage of the process. Their free 24/7 hotline means you can get answers to urgent family law questions any time, day or night, without waiting for business hours. With a team of knowledgeable attorneys and fixed-fee options coming soon, Go To Court makes quality family law representation accessible and transparent for families throughout South Carolina.

Free — available now

Family Law question in South Carolina?

Call our free hotline right now — available 24/7, no obligation.

Call free now

Frequently Asked Questions

How long do I have to be separated before I can get a divorce in South Carolina?

South Carolina requires spouses to live separately and apart for at least one continuous year before filing for a no-fault divorce under § 20-3-10 of the South Carolina Code. However, if you are filing on fault-based grounds such as adultery, physical cruelty, habitual drunkenness, or desertion for one year, the one-year separation requirement does not apply. It is important to document your date of separation carefully, as disputes about the separation date can delay proceedings.

How does South Carolina determine child custody arrangements?

South Carolina Family Courts determine custody based on the best interests of the child standard, considering factors such as each parent's fitness, the child's relationship with each parent, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic abuse. Courts may award joint legal custody, allowing both parents to share decision-making, while physical custody arrangements vary based on the child's needs and the parents' circumstances. South Carolina does not have a presumption favoring either parent based on gender.

Can I get alimony in a South Carolina divorce?

Yes, South Carolina courts may award alimony under § 20-3-120, considering factors such as the length of the marriage, each spouse's earning capacity and financial condition, contributions to the marriage, and marital misconduct. Importantly, if you committed adultery during the marriage, you are legally barred from receiving alimony in South Carolina, regardless of other circumstances. Alimony can be structured as periodic payments, lump sum, rehabilitative, or reimbursement alimony depending on the situation.

How is child support calculated in South Carolina?

Child support in South Carolina is calculated using the Income Shares Model under the South Carolina Child Support Guidelines, which takes into account both parents' gross incomes, the number of children, childcare costs, health insurance premiums, and the custody arrangement. The guidelines produce a presumptive support amount, though a judge can deviate from this figure if applying it would be unjust or inappropriate given the specific circumstances of the case. Either parent can request a modification of child support if there has been a substantial change in circumstances, such as a significant income change of 15% or more.

What is a domestic violence protective order and how do I get one in South Carolina?

A domestic violence protective order, known in South Carolina as an Order of Protection, is a court order that prohibits an abuser from contacting, threatening, or harming you, and may include provisions for temporary custody and requiring the abuser to vacate the shared home. Under the South Carolina Protection from Domestic Abuse Act (§ 20-4-10), you can apply for an emergency ex parte order at your county Family Court, which can be granted the same day without the abuser being present if you demonstrate immediate danger. A full hearing is then scheduled within 15 days where both parties can present evidence, and the court may issue a final protective order lasting up to one year or longer.