Practice Areas
Common Family Law Matters in South Carolina
South Carolina family law cases are governed by Title 63 of the South Carolina Code of Laws and handled through the state's Family Court system. The Palmetto State requires a one-year separation period for no-fault divorce and follows equitable distribution principles for marital property. South Carolina's 46 counties are served by dedicated Family Court judges who specialize in domestic relations, child custody, and support matters. The state's strong emphasis on children's best interests and parental rights creates a distinctive legal environment requiring specialized local knowledge.
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Divorce and legal separation
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Child custody and visitation
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Child and spousal support
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Family Law Attorneys by City in South Carolina
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Why It Matters
Why Hire a Family Law Attorney in South Carolina?
South Carolina family law attorneys must be licensed by the South Carolina Supreme Court and maintain active membership in the South Carolina Bar. Only attorneys admitted to practice in South Carolina can represent clients in the state's Family Courts and understand the nuances of local rules, judicial preferences, and procedural requirements. Out-of-state attorneys cannot effectively navigate South Carolina's specific statutes, local court practices, and the state's unique approach to issues like alimony and child custody determinations.
Local Courts
Family law cases in South Carolina are exclusively handled by the state's Family Court system, which operates in each of the 16 judicial circuits. Appeals from Family Court decisions go directly to the South Carolina Court of Appeals or Supreme Court.
South Carolina Law
South Carolina Family Law Laws & Deadlines
South Carolina requires a mandatory one-year separation period before filing for no-fault divorce under S.C. Code § 20-3-10. The state follows equitable distribution of marital property and recognizes both temporary and permanent alimony based on 13 statutory factors. Child custody decisions are governed by the best interests standard outlined in S.C. Code § 63-15-240, with courts considering factors like each parent's fitness and the child's relationship with both parents.
Key Facts
What to Know About Family Law in South Carolina
Cost to You
Free to submit your case
When to Act
As soon as possible to protect your rights
Attorney Cost
Hourly rates, retainers, or flat fees vary by attorney.
Our Network
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Common Questions
Frequently Asked Questions
How long does it take to get divorced in South Carolina?
South Carolina requires a mandatory one-year separation period for no-fault divorce, making it one of the longest waiting periods in the nation. After filing, uncontested cases can be finalized in 2-3 months, while contested divorces may take 6-18 months depending on complexity and court schedules.
What are the grounds for divorce in South Carolina?
South Carolina recognizes both fault and no-fault grounds for divorce under S.C. Code § 20-3-10. No-fault divorce requires one year of continuous separation, while fault-based grounds include adultery, desertion, physical cruelty, habitual drunkenness, and drug use.
How do I find a qualified family law attorney in South Carolina?
Look for attorneys licensed by the South Carolina Supreme Court with specific experience in Family Court proceedings. The South Carolina Bar Association provides lawyer referral services, and you should verify active licensure through the state bar's online directory before hiring representation.
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