Getting Divorced
S.C. Code 20-3-10 and S.C. Code 20-3-30 — five grounds, one of them a year living apart, and a year's residence
- Adultery.
- Desertion for one year.
- Physical cruelty.
- Habitual drunkenness, including from narcotic drugs.
- Living separate and apart without cohabitation for one year, on the application of either spouse.
Those are the only grounds on which South Carolina grants a divorce. The last is the one that needs no fault.
A year's residence, or three months. The plaintiff must have lived in South Carolina at least one year before filing, or the defendant must have if the plaintiff lives elsewhere. When both spouses live in the state, three months is enough.
No final decree is granted until three months after the complaint is filed. On the grounds of desertion or a year's separation, the hearing may be held once the answer is filed or the other side is in default.
Alimony and the division of property are decided in the same proceeding under their own sections. A particular divorce is a question for the family court and a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 20-3-10 — Grounds for divorce
- S.C. Code 20-3-30 — Divorce; residence requirement
- S.C. Code 20-3-80 — Required delays before reference and final decree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.