South Carolina Family Court
Practice areas
Each topic below is its own page. Open the page you need, or use the practice-area links in the navigation bar.
01
Separation
Orders of separate maintenance and support
South Carolina does not grant a status called “legal separation.” The Family Court may instead enter an order of separate maintenance and support that governs the household while the marriage continues.
02
Divorce
Grounds, residency, and the Family Court process
South Carolina grants a divorce only on grounds set out in statute. The Family Court also decides related questions of children, support, and property when those issues are placed before it.
03
Spousal Support
Alimony and separate maintenance
South Carolina Family Court may award temporary or final support between spouses. The form, amount, and duration of support, if any, depend on the statutory factors and the facts of the marriage.
04
Property Division
Equitable apportionment of marital property and debt
South Carolina is an equitable-apportionment state. The Family Court divides marital property and marital debt in a manner it finds fair, which is not the same thing as an automatic equal split.
05
Child Custody
Best interests of the child
South Carolina decides custody by the best interests of the child. There is no automatic preference for either parent. The court may award joint custody or sole custody and will set a parenting schedule.
06
Child Support
South Carolina Child Support Guidelines
Child support is generally set from the South Carolina Child Support Guidelines. The guidelines consider both parents’ incomes and certain additional expenses. Support does not end on its own.
07
Enforcement of Family Court Orders
Rules to show cause and contempt
A Family Court order is not a suggestion. When a party does not obey an order for support, parenting time, property transfer, or another required act, the court may enforce the order through contempt.
08
Uncontested Divorce
When both spouses agree
An uncontested divorce is a divorce in which the spouses agree on the ground and on the related questions of children, support, and property. The Family Court still reviews the agreement. Agreement alone does not end the marriage.
09
Modifications
Changing an existing Family Court order
The Family Court can change an existing order when the circumstances have changed in a substantial way since the order was entered. The old order stays in force until the court changes it.
10
Military Divorce
Service members and spouses in Beaufort County
Service members and spouses connected to Marine Corps Air Station Beaufort and Marine Corps Recruit Depot Parris Island can have Family Court cases in Beaufort County that also involve deployment, military pay, and retirement benefits.