Jurisdiction and Venue Requirements
The family court has exclusive jurisdiction over all divorce, separation, and related actions in South Carolina. To institute a divorce action, the parties must satisfy specific statutory residency requirements at the time the case is filed:
- The plaintiff must have resided in South Carolina for at least one year prior to the commencement of the action S.C. Code Ann. § 20-3-30;
- If the plaintiff is a nonresident, the defendant must have resided in South Carolina for at least one year prior to the commencement of the action S.C. Code Ann. § 20-3-30; or
- If both parties are residents of South Carolina when the action is commenced, the plaintiff must have resided in the state for only three months prior to commencement S.C. Code Ann. § 20-3-30.
For active duty military service members stationed in South Carolina, "residents" or "resided" means a continuous presence in the state for the required period, regardless of their intent to permanently remain S.C. Code Ann. § 20-3-30. South Carolina will not recognize divorces obtained in other jurisdictions if both spouses were domiciled in South Carolina when the divorce proceeding was commenced .
The action must be filed in the appropriate county venue:
- The county where the defendant resides at the commencement of the action S.C. Code Ann. § 20-3-60;
- The county where the plaintiff resides, if the defendant is a nonresident or cannot be found after due diligence S.C. Code Ann. § 20-3-60; or
- The county in which the parties last resided together as husband and wife, unless the plaintiff is a nonresident, in which case it must be filed where the defendant resides S.C. Code Ann. § 20-3-60. The action may also take place in another county if both parties mutually agree .
Grounds for Divorce
A plaintiff must establish at least one of the five statutory grounds to be granted a divorce:
- Adultery S.C. Code Ann. § 20-3-10;
- Desertion for a period of one year S.C. Code Ann. § 20-3-10;
- Physical cruelty S.C. Code Ann. § 20-3-10;
- Habitual drunkenness, which includes habitual drunkenness caused by the use of any narcotic drug S.C. Code Ann. § 20-3-10; or
- On the application of either party, when the husband and wife have lived separate and apart without cohabitation for a period of one year S.C. Code Ann. § 20-3-10.
Mandatory waiting periods apply to fault-based divorces.
Temporary Hearings and Parenting Plans
At all temporary hearings where child custody is contested, each parent must individually prepare, file, and submit a parenting plan to the court, or the parties may elect to submit a joint parenting plan S.C. Code Ann. § 63-15-220. The parenting plan must reflect parental preferences, the allocation of parenting time, and major decision-making responsibilities, including but not limited to the child's education, medical and dental care, extracurricular activities, and religious training S.C. Code Ann. § 63-15-220.
The court must consider these parenting plans before issuing temporary custody orders; however, a party's failure to submit a plan does not preclude the court from issuing an order S.C. Code Ann. § 63-15-220.
Mandatory Mediation / Alternative Dispute Resolution (ADR)
When custody, visitation, or other issues are contested, the family court will enter an order appointing a mediator pursuant to Alternative Dispute Resolution (ADR) Rules Appx C, SCADR105. The parties or their counsel may agree upon a mediator, or the court will appoint a primary and alternate mediator if they cannot agree Appx C, SCADR105.
Following mediation, a "Proof of ADR" form must be executed and filed, indicating which issues—such as custody, visitation/parenting time, child support, alimony, property, and debt division—were settled or remain contested, along with the hours spent in mediation and an estimated time needed for the final hearing Appx C, SCADR107.
Final Hearing and Custody Determinations
At the final hearing, either party may file and submit an updated parenting plan for the court's consideration S.C. Code Ann. § 63-15-220. The court must consider the parenting plans prior to issuing a final custody order S.C. Code Ann. § 63-15-220.
The court makes the final custody determination based upon the evidence presented, strictly guided by the best interest of the child S.C. Code Ann. § 63-15-230. The court has the authority to award joint custody to both parents or sole custody to either parent S.C. Code Ann. § 63-15-230. If custody is contested, or if either parent seeks joint custody, the court must consider all custody options and must explicitly state its custody determination and its reasoning in the final order S.C. Code Ann. § 63-15-230. Regardless of the overall custody determination, the court may allocate parenting time in the best interest of the child S.C. Code Ann. § 63-15-230.
Obtaining a divorce with child custody in South Carolina requires meeting strict residency and county venue rules, proving one of five statutory grounds for divorce, participating in mandatory mediation when the divorce or custody is contested, and submitting detailed parenting plans. The process culminates in a final family court order where the partis are divorced and custody and parenting time are determined based on the best interest of the child.
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