Grounds for Divorce: No Fault vs. Fault

To begin the divorce process in South Carolina, one spouse must file a complaint for divorce in the county where your spouse lives or where you live, if your spouse does not reside in South Carolina. If you both still live in the state, you may also file where you last lived together.

SC residency requirements apply: You or your spouse must have been a resident of South Carolina for at least one year. If both of you live in South Carolina, you must both have lived here for at least three months.

In South Carolina, you can file for divorce based on five grounds.  These include a single, no fault, ground that applies if you and your spouse have been living separate and apart for one year and four additional fault grounds:

  • Adultery
  • Physical cruelty
  • Desertion for more than one year
  • Habitual drunkenness or habitual use of drugs

Equitable Division of Property

Through the legal action of divorce, spouses will have to determine equitable division of property (i.e. dividing homes, cars, household belongings, bank accounts, retirement accounts, and debt, etc.). Equitable division or equitable distribution of marital property does not necessarily mean a 50-50 split. Marital debt will also be equitably divided among the spouses.

Divorce Between Spouses with Children

If children are involved, spouses will need to determine issues of custody, visitation, and child support. Click here for more information about issues involving: Child Custody, Visitation, and Child Support.


Lastly, one spouse may be entitled to receive, or may be ordered to pay alimony (needs based spousal support payment) to their soon to be ex-spouse. 

What to Expect

We first ask our clients “what are your goals in litigation.” Once we know a client’s goals, together we’ll devise a game plan to get our client’s their desired end result. As you can see, there are a number of issues involved in the legal action of divorce. Selecting the right attorney is important to assure that you have a partnership with an attorney that will ensure your best interests are served and fought to protect.  

We encourage you to give us a call so that we can begin the process of helping you achieve your goals in litigation. Let’s help you start the process of moving toward a happier tomorrow.  

Josh Pozsik is extremely knowledgeable and caring with his clients. Always considers his clients needs first. From adoptions to custody cases... you can’t go wrong with this law firm!!! Christina W.