Family Law

I am a victim of domestic violence. Can I get a 90 day divorce?

South Carolina allows at-fault divorces based on four grounds: (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion. The first three are sometimes referred to as “90-day divorces” because they don’t require a full year of separation. While at-fault divorces can move faster than traditional divorces, they are often more contentious due to the nature of the claims, and usually do not resolve within 90 days.

In an at-fault divorce, the petitioner must provide clear proof of fault. This means having strong evidence such as witness testimony, photos, medical records, or audio recordings. Without sufficient proof, the case cannot proceed under at-fault grounds, and the petitioner may need to file for a no-fault divorce based on one year of separation.

I am a victim of domestic violence who recently separated from my spouse. Can I get a divorce?

If you do not meet the criteria for a fault-based divorce, you will need to file for a no-fault divorce based on one year of continuous separation. This means that spouses must live apart for a full 365 days before the court will grant a final divorce. During this period, they cannot reside in the same household or engage in sexual relations.

Each time a couple “reconciles,” the separation period resets. For example, if one spouse moves back in for a few days to attempt reconciliation, the one-year countdown starts over. Similarly, engaging in sexual relations while living apart may also restart the clock.

If your situation is unstable and you need legal protections while awaiting the one-year separation period, you may consider filing for separate support and maintenance. This process includes a temporary hearing (with a $25 filing fee), where a judge can issue an order outlining rules both parties must follow. While this is not a divorce filing, it can later be converted into a divorce at the final hearing stage. Consulting an attorney is strongly recommended if you are considering this option.

If you have already lived apart for one year, your divorce process may move more quickly since the waiting period has already been satisfied.

How do I file for a divorce?

To file for divorce in South Carolina, you must submit a divorce packet, which includes the following forms available at www.sccourts.org:

Family Court Cover Sheet
Summons
Complaint
Financial Declaration (required even if you are not requesting financial support)

There is a $150 filing fee to start a divorce case. It is recommended that you prepare three copies of your completed divorce packet. One for the clerk to keep, one for you, and one to be given to your spouse. You spouse must be given a copy of the papers by someone else. Your case cannot proceed until your spouse has been properly served. If you encounter difficulties serving them, consult an attorney for guidance.

Find a full guide here.

Do I need to do mediation for a divorce?

Unless you have a signed agreement, you must complete mediation. You and your partner must agree on a certified family court mediator in your area. Certified mediators are usually attorneys or retired judges. They charge by the hour for their services, and you will be required to pay for half. Lawyers and judges are great mediators but are costly. Some mediation centers around the state offer low cost or sliding scale mediations.

During mediation, you will be in a separate room from the other party and will not be required to speak directly to them at any time. The mediation process typically lasts between two to four hours. At the conclusion of the session, you will receive official paperwork, which will either be a signed agreement or a statement of participation. This document must be presented to the judge at your Final Hearing as part of the court process.

What is a Temporary Hearing?

This is an optional hearing that can occur after filing and before mediation. At this hearing, the judge will temporarily decide on any contested issues between the parties, such as property and child custody. The Temporary Order from this hearing stays in place until the Final Hearing. It does not necessarily reflect what the final order may be. In order to request this hearing, one of the parties (usually the one who started the case) files a Motion for Temporary Relief. There is an additional filing fee of $25.

Find a full guide here.

I am worried for my safety at the Courthouse. What can I do?

There are law enforcement officers throughout every court building. Each courtroom will have its own officer present. There will be a waiting area or waiting rooms near the courtrooms. If you are worried about being in the same waiting area as the opposing party, you can notify the bailiff and they can help you find another location where you can safely wait. In the hearing, you will be expected to be in the same room as the opposing party, but you will be sitting on opposite sides of the room and the bailiff will be present. If you need an escort to your vehicle after the hearing, let a bailiff or officer know prior to exiting the courtroom.

The opposing party also has a pending criminal case for domestic violence. Will that affect the outcome of the Temporary Hearing?

Yes, a pending criminal case could affect the judge’s decisions regarding restraints and custody as part of a Temporary Order. Many victims of domestic violence may be seeking a divorce while also navigating the criminal process. These processes are separate but related. For example, the information that is shared in the divorce case could be subject to use in the criminal case. If you have privacy concerns, or if you need assistance navigating the criminal process, please fill out our online intake form. We specialize in enforcing victims’ rights throughout the criminal process.