Understanding the Basics of South Carolina Divorce Laws

For couples considering divorce, the process can feel overwhelming. In South Carolina, divorce often involves not just ending the marriage, but also dividing property, calculating spousal support, and making decisions about child custody and child support that will affect your life for years to come.

Whether you are considering divorce or your spouse has already filed, understanding South Carolina divorce laws will help you make informed decisions and set realistic expectations for yourself, your family, and your future.

Choosing the right South Carolina divorce attorney is an important first step. At Brinkley Law Firm, LLC, our motto is “Keeping Families First.” Our attorneys focus exclusively on family law. We offer a variety of divorce processes to meet our clients’ needs, including mediation, Collaborative Divorce, and litigation. We can help you explore your options and prepare you for what to expect from the South Carolina divorce process.

Types of Divorce

South Carolina laws offer two types of divorce: fault and no-fault.

Fault-Based Divorce

In a fault-based divorce, one spouse can file for divorce on the grounds of adultery, physical cruelty, habitual drunkenness, or abandonment. If you choose to file for fault-based divorce, you will need to prove your grounds in court.

No-Fault Divorce

If you and your spouse lived separate and apart for more than one year without reconciling, you can file for no-fault divorce. If you choose no-fault divorce, you do not need to prove one of the fault-based grounds.

Annulment

Annulment is an alternative to divorce that is available in some situations. An annulment is a declaration from the court that you were never married because the marriage was not valid. Situations in which annulment may be available include:

• Duress. You were forced into the marriage unwillingly.
• Bigamy. A marriage is generally considered void if one of the parties was already married to another living person.
• Fraud. Fraudulent representations pertaining to “something essential to the marriage relation.”
• Incapacitation. Someone who has been legally declared mentally incompetent cannot enter into a marriage.
• Underage marriage. In South Carolina, children under the age of 16 cannot enter into a marriage.
• Incest. Marriage to a close relative is void under South Carolina law.
• Failure to consummate the marriage. This refers to a failure to cohabitate and may be available if the parties never lived together, not even for a single night.

Property Division

South Carolina divorce involves the division of marital property. South Carolina is an equitable division state, which means the court will divide the couple’s marital property in a way that is fair, but not necessarily equal. Courts distinguish between marital property, which was acquired during the marriage, and separate property, which was owned before the marriage, inherited, received as a gift, or, in certain circumstances, as the result of a personal injury verdict or settlement. The court will then consider other factors when making an equitable property division, including the length of the marriage, each spouse’s income and earning potential, contributions to the marriage, and financial needs.

Alimony

Alimony, also known as “spousal support,” refers to financial payments made by one spouse to another to help the lower-earning spouse maintain a reasonable standard of living. South Carolina currently recognizes different types of alimony, including:

• Permanent periodic alimony. Ongoing payments that continue until death, remarriage, or cohabitation).
• Rehabilitative alimony. Temporary support while the recipient gains education or job skills.
• Reimbursement alimony. Compensation for supporting a spouse through education or career advancement.
• Lump-sum alimony. A one-time payment or property transfer.
• Separate support and maintenance. Payments made during a separation.

The amount of alimony can vary depending on the circumstances. Shorter marriages generally result in limited or smaller alimony payments, while longer marriages may result in larger payments or permanent support. Courts aim to recognize the dependent spouse’s need to become self-sufficient and their contributions during the marriage. Alimony payments can be modified due to substantial changes in circumstances.

While alimony payments are often thought of as payments made by the husband to the wife, they can be paid by either spouse, and husbands are eligible to receive alimony in a South Carolina divorce.

Child Custody and Child Support

Child custody decisions are made based on the best interests of the child. Parents are encouraged to negotiate a child custody and visitation agreement that best suits their family and is in the child’s best interests. When parents disagree, the court will decide what is in the best interests of the children and can consider any factors it deems relevant.

Child support payments are calculated according to standardized child support guidelines. However, the court can deviate from the guidelines.

Contact Brinkley Law Firm, LLC, Today

Brinkley Law Firm, LLC, is located in Greenville and assists clients throughout South Carolina in divorce and other family law proceedings. Contact Brinkley Law Firm today to schedule a consultation to discuss your situation and how we can assist you.