Under South Carolina law, the timeline and potential costs of a divorce in Charleston (which falls under the exclusive jurisdiction of the Family Court) depend heavily on the legal grounds asserted and whether the action is contested. S.C. Code Ann. § 20-3-80, S.C. Code Ann. § 63-3-530, S.C. Code Ann. § 20-3-10.
There is a statutory minimum timeline of three months from the filing of the complaint before a final decree can be granted S.C. Code Ann. § 20-3-80. However, if the divorce is based on a continuous separation for one year, the timeline is fundamentally bound to that one-year waiting period, though certain expedited procedural mechanisms may apply once the separation period is met and pleadings are filed S.C. Code Ann. § 20-3-80, S.C. Code Ann. § 20-3-10. No specific typical dollar amount for modern divorce costs is established in South Carolina statutory law.
Statutory Timelines and Waiting Periods
South Carolina law establishes strict statutory waiting periods before a family court can issue a final divorce decree:
- General Minimum Wait Time: In general, no reference may be heard until two months after the filing of the divorce complaint with the Clerk of Court, and a final decree cannot be granted until at least three months have elapsed since the filing S.C. Code Ann. § 20-3-80.
- One-Year Separation Exception: If a plaintiff seeks a divorce on the fault ground of desertion, or on the no-fault ground of continuous separation without cohabitation for one year, the final hearing may be held and the decree issued as soon as the responsive pleadings are filed or the respondent is adjudged to be in default, whichever occurs first S.C. Code Ann. § 20-3-80, S.C. Code Ann. § 20-3-10.
- Uncontested Divorce Without a Hearing: Under Rule 28 of the South Carolina Rules of Family Court (SCRFC), parties seeking a divorce based on a one-year separation may obtain a divorce without a formal hearing if the relief requested is strictly limited to the divorce and a related name change Rule 28, SCRFC. To qualify, the parties must submit written testimony via affidavits (including those of corroborating witnesses and state-issued photo identifications) addressing jurisdiction, venue, marriage and separation dates, and the impossibility of reconciliation Rule 28, SCRFC. This expedited process is unavailable if any other relief is sought, such as child support, custody, alimony, property division, or attorney's fees Rule 28, SCRFC.
Cost Factors and Fee Allocations
South Carolina statutes do not dictate a fixed or average cost for obtaining a divorce, as actual expenses vary based on litigation complexity and attorney rates. However, the law provides mechanisms for the allocation of fees and security for payment:
- Court-Ordered Fees: The family court has the authority to order one party to pay a reasonable amount to the other party to cover attorney's fees, expert fees, investigation fees, court costs, and suit money S.C. Code Ann. § 20-3-130. In determining whether to award these fees, the court must evaluate the financial resources and marital fault of both parties S.C. Code Ann. § 20-3-130. This allocation can cover services rendered before the action commenced, pendente lite (during the litigation), or after the entry of judgment S.C. Code Ann. § 20-3-130.
- Lien on Property: Any attorney's fees awarded by the court in a divorce action automatically constitute a lien on any property owned by the party ordered to pay the fees S.C. Code Ann. § 20-3-145. If the spouse entitled to receive the fee award dies while the divorce action is still pending, the ordered fees must be paid directly to that person's estate S.C. Code Ann. § 20-3-145.
- Alimony and Financial Considerations: The overall financial obligations associated with a divorce may also include various forms of alimony, such as periodic separate maintenance and support or reimbursement alimony S.C. Code Ann. § 20-3-130. The court determines these awards by weighing several statutory factors, including the length of the marriage, the earning potential and expenses of each spouse, child custody arrangements, and marital misconduct S.C. Code Ann. § 20-3-130.
Qualifications and Limitations
The actual duration of a divorce proceeding can exceed the statutory minimums of three months (or the one-year separation period) depending on court dockets, the complexity of property distribution, and whether the parties can reach a mutual settlement S.C. Code Ann. § 20-3-80, S.C. Code Ann. § 20-3-10, S.C. Code Ann. § 20-3-130. Furthermore, while the family court has the jurisdiction to approve and enforce written marital settlement or alimony agreements, any such agreement must be reviewed and approved by the court to be legally binding and potentially declared nonmodifiable S.C. Code Ann. § 20-3-130.
A divorce in Charleston requires a absolute statutory minimum of three months from the date of filing before a decree can be granted, which extends to a minimum of one year if the divorce is predicated on the ground of continuous separation. The total financial cost is not fixed by law but is highly dependent on whether the parties contest issues such as property division, custody, and alimony, with the family court retaining statutory authority to shift attorney's fees and litigation costs from one party to another based on financial need and marital fault.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.