Procedure
Family Court in South Carolina
The Family Court decides divorce, separate maintenance, custody, child support, spousal support, and the division of marital property. The path of a case is more regular than it first appears.
This is a general map of procedure. County practice, the judge’s docket, and the facts of a case will vary. It is not legal advice.
South Carolina Family Court judges have jurisdiction over divorce and over the questions that travel with it: whether spouses may live apart under a court order; how children will be parented and supported; whether one spouse will pay support to the other; and how marital property and debt will be apportioned. Protective orders under the Protection from Domestic Abuse Act are also heard in Family Court.
Matters arising in Beaufort County are heard in the Family Court that serves this county. The court does not supervise a family that has not asked it to act. A case begins only when someone files, or when an agency such as the Department of Social Services brings a matter the law assigns to this court. Once a case is filed, the parties are bound by the South Carolina Rules of Family Court and by the orders entered in the file.
The usual stages of a case
Documents that are often needed
- A government-issued identification and Social Security numbers for the parties and children, used as the court and clerk require.
- The marriage certificate and any prior Family Court orders, including orders from another state.
- Pay records, recent tax returns, and statements for bank, retirement, and credit accounts.
- A list of real estate, vehicles, businesses, and significant personal property, with any appraisals or statements of value already in hand.
- A proposed parenting schedule if children are involved, and school or medical information the court may need.
- A calendar of the dates the spouses began living in separate residences, if a no-fault divorce is contemplated.