Domestic Relations

South Carolina has always been one of the most conservative states in the nation with respect to divorce.  In fact, until the South Carolina Constitution was amended in 1948, there was NO cause of action for divorce in the State of South Carolina.  Since the South Carolina Constitution was amended to provide for divorce, additional causes of action have been added and there presently five (5) grounds for divorce:

  1. Adultery
  2. Physical cruelty
  3. Alcohol/substance abuse
  4. Desertion
  5. Living separate and apart for more than one (1) year

The first four (4) grounds (Adultery, Physical Cruelty, Alcohol/Substance Abuse, and Desertion) are all “fault” grounds and the last one (“Living Separate and Apart for More than One (1) Year) is the closest thing South Carolina has to a “No Fault Divorce”.

Domestic Relations law most commonly includes actions pertaining to divorce, separation, custody, visitation, child support, alimony, division of property, and division of debts as well as attorney’s fees and costs in connection with these actions.  Actions seeking a divorce, an order of separate maintenance and support, alimony, division of property and/or division of debts require that the parties be married.  Actions addressing custody and/or visitation and/or child support do not require that the parties be married.