What South Carolina Residents Need to Know About the Divorce Process and Timeline
Going through a divorce in South Carolina involves specific residency rules, mandatory waiting periods, and a few legal hoops that can trip people up. Whether you’re weighing a no-fault filing or considering fault-based grounds, here’s what the law actually requires as of 2026.
Divorce Grounds and Residency Requirements in South Carolina
Residency Requirements
To file for divorce, you must establish jurisdiction. If both spouses live in South Carolina, the filer needs three months’ residency. If only one spouse lives in the state, that spouse must have lived there for a year.
No-Fault vs. Fault-Based Grounds
South Carolina recognizes a no-fault divorce when spouses live separately, without cohabitation, for one continuous year. So what if you don’t want to wait that long?
If you’re wondering how to get a divorce in SC without waiting a year, file on fault-based grounds, which may reduce the waiting period to around 90 days. The state recognizes four such grounds: adultery, habitual drunkenness or drug abuse, physical cruelty, and desertion.
Physical cruelty can allow divorce after one severe act. Desertion still requires one year of separation, so it offers no time advantage. It is cited relatively infrequently in divorce cases.
Equitable Distribution and Asset Valuation
Fair Market Value Standards
South Carolina follows equitable distribution rules, meaning courts divide marital property fairly but not necessarily down the middle. In high-net-worth cases in 2026, courts increasingly use the Fair Market Value standard—which means the estimated price at which an asset would sell on the open market—to evaluate complex financial structures, such as business holdings.
This includes complex assets like executive compensation, stock options, and family wealth. Large assets mean detailed appraisals.
Financial Documents You’ll Need
Getting your financial records in order early can save you weeks of delay. The family court requires documentation to establish a clear picture of marital assets and liabilities. Here’s what you should have ready:
- Recent pay stubs covering the past six months
- Federal and state tax returns from the last three to five years
- Banking records for both joint and individual accounts
- Valuation statements for retirement accounts, real estate, and other physical assets
2026 Child Custody Reform Proposals
The South Carolina General Assembly is debating a bill that could reshape custody decisions across the state. The Equal Parenting Act (H. 4622) proposes changes to custody arrangements, including a default 50/50 split of parenting time. Under this framework, courts would assume equal time benefits the child unless evidence proves otherwise.
H. 4622’s progress could impact thousands of families. You can track updates through the legislative portal.
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