Top-Rated Family & Divorce Lawyers in Charleston, SC

You must live separately and apart for one continuous year to get a no-fault divorce in Charleston, SC. There is no waiting period for fault-based divorces. If you can prove adultery, physical cruelty, or habitual drug or alcohol use, you can file immediately and request a trial 90 days after you file for divorce.

No — Charleston, SC does not recognize “legal separation.” Until a judge signs your divorce decree, you are legally married. Couples who separate can instead ask the family court for an Order of Separate Maintenance and Support, which sets enforceable terms for custody, support, and the home while living apart.

You must live in Charleston, SC for at least one year before filing for divorce, or only three months if both spouses live in the state. If the filing spouse lives out of state, the other spouse must have lived in Charleston, SC for one year. Active-duty military members stationed in Charleston, SC can meet the requirement through continuous presence, even without intent to stay permanently.

An uncontested divorce in Charleston takes about 2–3 months after the one-year separation, while a contested divorce typically takes a year or longer. Timing depends on the Charleston County Family Court’s docket and whether custody, alimony, or property issues are disputed.

The court filing fee for a divorce in Charleston SC is $150, but the total cost depends on how contested your case is. Additional costs can include service of process, guardian ad litem fees in custody disputes, parenting evaluations, expert witnesses such as forensic accountants, and attorneys’ fees. Uncontested divorces cost far less than contested ones.

No, Charleston SC law does not require a lawyer to get divorced, but self-representation is risky when children, real estate, retirement accounts, or alimony are involved. Filing mistakes can delay your case in family court or lock you into unfavorable terms that are difficult to undo. Most Charleston divorce attorneys, including our firm, offer an initial consultation so you can understand your rights before deciding.

No, Charleston, SC, is an equitable distribution state, not a community property state. The family court divides marital property fairly, which is not always equally. In long-term marriages, courts often approach a 50/50 split; in shorter marriages, the division frequently favors the spouse who contributed more financially. Fault, including adultery, can also affect the split.

Charleston SC family courts divide marital property, generally everything acquired during the marriage, through equitable apportionment. That includes real estate, vehicles, bank and retirement accounts, investments, and household property, plus marital debts. Property owned before the marriage can become marital if it was commingled or used by both spouses, such as a premarital home the family lived in.

There is no alimony formula in Charleston SC. Family court judges weigh 13 statutory factors under S.C. Code § 20-3-130, including the length of the marriage, each spouse’s age, health, education, earning potential, standard of living, custody of children, and marital misconduct. Read our complete guide to alimony in Charleston SC.

Yes — adultery has serious consequences in a Charleston SC divorce. A spouse who committed adultery before a settlement agreement is signed or a permanent order is entered is barred from receiving alimony under S.C. Code § 20-3-130. Cheating can also affect property division and custody, especially if children were exposed to the new partner.

To prove adultery in Charleston, SC, you must show two things: inclination (a desire to cheat) and opportunity (private time to do it). Evidence includes texts, emails, dating profiles, photos, or video of the couple entering a home or hotel, and credit card or hotel records. Direct proof isn’t required — courts accept circumstantial evidence. See our guide on proving adultery in Charleston, SC.

Dating during separation is legally risky in Charleston SC because you are still married until the divorce is final, and a new romantic relationship can count as adultery. That can bar you from receiving alimony and affect property division. Many Charleston family court judges also frown on introducing children to a new partner during the case.

Charleston SC family courts decide custody based on the best interests of the child, weighing 17 statutory factors under S.C. Code § 63-15-240. Key factors include each parent’s ability to meet the child’s needs, the child’s preferences and adjustment to home and school, each parent’s willingness to foster the child’s relationship with the other parent, and any history of domestic violence or abuse.

Child support in Charleston SC is set by the DSS Child Support Guidelines, a formula based primarily on both parents’ incomes. The calculation also accounts for the number of children, custody overnights, work-related daycare costs, health insurance premiums, and other support obligations. Read our complete guide to child support in Charleston SC.

Married fathers have equal custody rights to mothers in Charleston SC — there is no legal preference for either parent. If the child was born outside of marriage, the mother has sole custody until the father establishes paternity and petitions the family court for custody or visitation. Courts regularly award fathers primary or shared custody when it serves the child’s best interests.

No, neither spouse can force the other out of the marital home in Charleston, SC, regardless of whose name is on the deed. However, if a spouse has committed physical abuse, adultery, or other misconduct, the family court can order that spouse out of the home at a temporary hearing.

Don’t move out before talking to a divorce lawyer, unless safety is at risk. Leaving can affect temporary possession of the home and time with your children. The exception is abuse or dangerous circumstances. If you or your children are at risk, leave first and protect your safety, then ask the court for relief.

Yes, you can restore a former name as part of your Charleston SC divorce at no extra cost. At the final hearing, you’ll testify that the change is for personal reasons and not to evade criminal charges, debts, bankruptcy, or sex offender registration. The name change is then written directly into the divorce decree.

Yes, you have the right to change lawyers at any point in your divorce. Two practical cautions: switching close to trial can hurt you if the new lawyer lacks time to prepare, and you’ll pay the new attorney to get up to speed on work your prior lawyer already billed. If you’ve lost confidence in your counsel, switch sooner rather than later.