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Same-Sex Divorce in South Carolina

Legal considerations for same-sex divorce in South Carolina. Property, custody, and unique challenges. South Carolina follows equitable distribution.

Property Type

Equitable

Filing Fee

$150

Median Cost

$8,000–$32,000

Annual Divorces

16,000+

Understanding Same-Sex Divorce in South Carolina

South Carolina processes approximately 16,000+ divorces annually. Understanding your rights and options specific to South Carolina is essential before making decisions that will affect your finances and family for years to come.

South Carolina follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Desertion, Physical cruelty). Filing fees are $150, with a residency requirement of 3 months (resident), 12 months (one party).

The median cost ranges from $8,000 for uncontested cases to $32,000 for contested divorces. Under S.C. Code §20-3-10, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in South Carolina to file for divorce?
South Carolina requires 3 months (resident), 12 months (one party) of residency before you can file for divorce. S.C. Code §20-3-10 governs the filing requirements.
Is South Carolina a community property or equitable distribution state?
South Carolina follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in South Carolina?
Filing fees in South Carolina range from $150. The median total cost is approximately $8,000 for uncontested divorces and $32,000 for contested cases.
How long does a divorce take in South Carolina?
South Carolina has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in South Carolina?
South Carolina uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in South Carolina and is not legal advice. Verify current statutes with S.C. Code §20-3-10 or consult a licensed South Carolina attorney. Last reviewed March 2026.