Divorce in South Carolina: Costs, Laws, and Calculators (2026)

Everything you need to understand the financial reality of divorce in South Carolina. State-specific costs, formulas, and free calculators.

Avg. uncontested
$1,500 - $4,000
Avg. contested
$10,000 - $32,000
Typical timeline
14 - 16 months
DCE State Score
43 / 100

South Carolina divorces typically cost 46% less than the national average of $12,900.

South Carolina requires a 1-year separation for a no-fault divorce and lets fault affect support.

South Carolina is an equitable distribution state, dividing marital property by fairness rather than a set split. The no-fault path requires living separately for a full year, one of the longer separation requirements in the country, which is why uncontested cases here average well over a year to finalize. The state also keeps fault grounds, including adultery, and fault is among the factors a court weighs when deciding alimony. Attorney rates run $200 to $375 per hour, with contested cases typically between $10,000 and $32,000.

Key Fact

South Carolina's 1-year separation requirement for no-fault divorce pushes the typical uncontested timeline to roughly 420 days, far longer than states with no separation prerequisite.

Recent Development

South Carolina continues to require a full year of separation for no-fault divorce while keeping fault grounds available as a faster but more contentious alternative. Because fault remains one of the statutory factors for alimony, the choice between the two paths stays a meaningful decision.

South Carolina Divorce Quick Facts

Verified statutory data, attorney rates, and procedural rules for South Carolina.

Property division system
Equitable Distribution (judicial discretion)
Alimony formula type
Judicial Discretion
Child support formula
Income Shares Model
Mandatory waiting period
365 days
Residency requirement
365 days
Mediation required
No
Equal parenting presumption
No
Fault divorce available
Yes
Collaborative divorce available
Yes
Filing fee range
$150
Attorney hourly rates
$200 - $375/hour
Data last verified
January 1, 2025

DCE State Score Breakdown

Our proprietary index ranks every state on cost, complexity, and timeline. Higher is more favorable.

Overall DCE State Score

43/ 100

A score of 43 means South Carolina is below average in terms of divorce cost and complexity, with elevated costs or longer timelines.

Cost Score

28/ 40

Based on filing fees, attorney rates, and total typical costs in South Carolina.

Complexity Score

13/ 30

Reflects judicial discretion, mandatory mediation, and procedural hurdles.

Timeline Score

2/ 30

Driven by waiting periods and average case duration from filing to decree.

Divorce Calculators for South Carolina

All 15 calculators preconfigured with South Carolina statutory data.

South Carolina Divorce Laws Overview

Property Division

South Carolina uses equitable distribution to divide marital property. This does not mean equal, it means fair, based on the circumstances. Judges consider factors including each spouse's income and earning capacity, contributions to the marriage, length of the marriage, and the economic circumstances of each spouse. Outcomes can vary significantly from case to case.

Spousal Support (Alimony)

South Carolina judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, standard of living during the marriage, each spouse's earning capacity, marital fault, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

Child Support

South Carolina uses the Income Shares Model for child support. Both parents' gross incomes are combined, the total support obligation is determined from a guideline table, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent.

Custody and Parenting Time

South Carolina courts determine custody based on the best interests of the child. While there is no statutory presumption of equal time, courts generally favor arrangements that allow both parents meaningful involvement in the child's life.

Other Notable Factors

  • South Carolina has a 12-month mandatory waiting or separation period. Divorce cannot be finalized before this period expires.

This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.

Frequently Asked Questions

How much does a divorce cost in South Carolina?
An uncontested divorce in South Carolina typically costs $1,500 - $4,000. Contested cases run $10,000 - $32,000, depending on attorney involvement, custody disputes, and the complexity of the marital estate. Court filing fees alone are $150.
How long does a divorce take in South Carolina?
South Carolina requires a 365-day waiting period after filing. Uncontested cases finalize in roughly 14 months on average, while contested cases take about 16 months from filing to final decree.
How is property divided in South Carolina?
South Carolina uses equitable distribution. Marital assets are divided based on what the court considers fair, not necessarily equal. Judges weigh income, contributions, length of marriage, and the economic circumstances of each spouse.
How is child support calculated in South Carolina?
South Carolina uses the Income Shares Model. South Carolina uses the Income Shares Model for child support. Both parents' gross incomes are combined, the total support obligation is determined from a guideline table, and each parent's share is proportional to their share of the combined income. The paying parent pays their share to the receiving parent.
How is alimony determined in South Carolina?
South Carolina alimony follows a judicial discretion approach. South Carolina judges have broad discretion in setting alimony awards. There is no statutory formula. Courts weigh a set of statutory factors including: length of the marriage, standard of living during the marriage, each spouse's earning capacity, marital fault, financial resources of each spouse. This means outcomes can vary significantly depending on the judge and the specific facts of your case.

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