South Carolina Family Law

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Divorce

There are five grounds for divorce in South Carolina: separation of the spouses for at least one year ( a no-fault ground), adultery, physical cruelty, habitual drunkeness (alcohol or drugs) and desertion for one year. 

 

Before Divorce

There is no legal separation in South Carolina. But prior to divorce either party can move for an order of Separate Support and Maintenance. The Family Court Judge can then lay out the requirements for living separate and apart and the responsibilities of each party. The order can temporarily address issues such as child custody and spousal support. 

 

Child Custody & Visitation

If the parties cannot agree on custody or visitation, the court will have to decide the issue. The paramount consideration in matters involving a minor child is always the best interests of the child. An attorney can review your particular situation and help resolve any custody or visitation issues. 

 

Child Support

The Department of Social Services (DSS) uses set guidelines to determine the appropriate amount of child support in different situations. The family court judge usually follows these guidelines, unless special circumstances exist.

 

Alimony

Alimony is a regular payment one spouse makes to another for support during and/or after divorce. Alimony may be temporary or permanent. There are four types of alimony awarded in South Carolina.