Divorce & Separation

Understanding Divorce in South Carolina

​​​South Carolina law provides several paths to divorce, depending on your circumstances. Some couples are able to resolve their differences through negotiation and settlement, while others require court intervention to protect their interests.

Our family law attorneys assist clients with:

• Contested and uncontested divorce

• No-fault divorce based on one year of separation

• Fault-based divorce, including adultery, physical cruelty, and substance abuse

• Separate maintenance and support

• Division of marital property and debts

• Alimony and spousal support

• Child custody, visitation, and child support

• Military divorce

• Negotiation and preparation of settlement agreements.

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We believe that every family is different. Our goal is to help you make informed decisions about your legal rights, responsibilities, and future.

Legal Separation in South Carolina: Separate Maintenance and Support

You do not have to wait until you are divorced to address important family and financial issues.

South Carolina does not have a formal legal separation status in the same way some other states do. Instead, spouses may seek an Order of Separate Maintenance and Support through the Family Court.

This type of action can address important issues while the parties remain legally married, including:

• Temporary child custody and parenting schedules

• Child support and spousal support

• Use and possession of the marital home

• Responsibility for household expenses and debts

• Financial arrangements during separation

• Other appropriate temporary or agreed-upon relief

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For couples pursuing a no-fault divorce, a separate maintenance and support action may provide an opportunity to establish financial and parenting arrangements before the required one-year separation period has ended.

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Our Summerville family law attorneys can help you determine whether filing for separate maintenance and support is appropriate for your circumstances.

Contested vs. Uncontested Divorce in South Carolina

​Not every divorce requires a lengthy courtroom battle.

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​An uncontested divorce generally means that the spouses have resolved their disagreements and can proceed without a trial over disputed issues.

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Depending on the circumstances, the parties may reach agreements concerning property division, financial support, custody, and other matters before finalizing the divorce.

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Even when both spouses agree, obtaining legal advice can help ensure that important issues are properly addressed and that agreements are accurately documented.

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A contested divorce involves disagreements that require further negotiation, mediation, or a decision by the Family Court.

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Disputes may concern parenting arrangements, division of property, alimony, financial disclosures, or other issues.

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Our attorneys work to resolve disputes efficiently when possible while preparing to advocate for our clients in court when necessary.

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Our approach is guided by your goals, not by a one-size-fits-all strategy.

Protecting Your Children, Finances, and Future

Divorce is about more than ending a marriage. The decisions made during the process can affect your family's financial stability and day-to-day life for years to come.

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Our attorneys help clients address important issues such as:

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Child Custody and Parenting Plans

Developing practical parenting arrangements that prioritize children's best interests and provide clarity for both parents.

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Property and Debt Division

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Identifying, valuing, and addressing marital assets and liabilities, including homes, retirement accounts, businesses, and debts.

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Alimony and Spousal Support

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Evaluating the factors that may affect eligibility for spousal support, including the length of the marriage, income, financial needs, and marital misconduct.

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Settlement Agreements

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Negotiating and preparing comprehensive agreements designed to reduce uncertainty and prevent future disputes.

A Thoughtful Approach to Divorce

At the Law Office of Carolyn M. Bone, LLC, we recognize that divorce is both a legal process and a major life transition.

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We strive to provide straightforward legal advice in a compassionate, nonjudgmental environment. We take the time to understand your circumstances, explain your options, and help you establish realistic goals.

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When settlement is possible, we work toward practical resolutions that can minimize unnecessary conflict and expense. When litigation is necessary, we provide focused representation to protect your interests.

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Our practice is devoted exclusively to South Carolina family law, allowing our team to concentrate on the issues that matter most to the families we serve.

Frequently Asked Questions About Divorce and Separation in South Carolina

Do you have to be separated for one year to get divorced in South Carolina?

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For a no-fault divorce, yes. South Carolina requires spouses to live separate and apart without cohabitation for at least one continuous year. A divorce based on a qualifying fault ground may be available without waiting for a full year of separation.

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Can you be legally separated in South Carolina?

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South Carolina does not recognize a separate marital status called "legal separation." However, spouses may seek an Order of Separate Maintenance and Support to address financial, parenting, and other appropriate issues while remaining legally married.

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Can you be separated while living in the same house?

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For purposes of South Carolina's one-year no-fault divorce requirement, living in separate bedrooms within the same home generally does not qualify. Spouses must live in separate residences.

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Can I file for divorce before being separated for one year?

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Depending on the circumstances, you may be able to file a fault-based divorce action or pursue separate maintenance and support before completing a year of separation. The appropriate filing strategy depends on the grounds and relief available in your case.

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How long does a divorce take in South Carolina?

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The timeline depends on the grounds for divorce, whether the parties agree on the issues, court scheduling, and the complexity of the case. Some uncontested divorces proceed relatively efficiently, while contested cases may take substantially longer.

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Do I need an attorney for an uncontested divorce?

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Although an attorney is not legally required in every uncontested divorce, legal advice can be valuable when addressing property, retirement accounts, support, custody, and the long-term consequences of a settlement agreement.

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What if my spouse and I agree on everything?

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If you and your spouse agree on the terms of your separation or divorce, an attorney can help prepare the appropriate documents and guide you through the court process. Depending on the circumstances, mediation may also be an option.