DIVORCE, CUSTODY & FAMILY LAW

If there are fault-based grounds for divorce that are recent in time (generally within the past six months) and have not been condoned, you can initiate your case at any time. If you continue living with your spouse for a long period without filing, and/or if the "fault" is remedied for an extended period (for example, a spouse who was abusing alcohol but stopped), you may lose the ability to file on fault-based grounds.

You can file an action for separate support and maintenance (where all contested issues such as property, support, and custody can be resolved) on the first night after you have separated from your spouse. If you know you are getting divorced and there is no "marital fault," it is often wise to hire an attorney before separation so that you can get advice about how to handle the process properly, and so that if some conflict or emergency occurs, you have an existing attorney relationship and someone who knows your case.

Marital fault grounds include adultery, habitual drunkenness (including alcohol or drug use), and physical cruelty.

You can file for a fault-based divorce (such as adultery) while living together, but to file for a no-fault divorce or separate support and maintenance without fault grounds, you typically must be separated — meaning you are living in different locations — first.

Condonation occurs if you discover your spouse's infidelity and then continue to live with them or resume sexual relations; this can prevent you from using that specific instance of adultery as grounds for divorce or as a bar to alimony. South Carolina law generally gives parties the opportunity to see if they can work things out, so spending a few months trying marriage counseling or deciding whether you can live with what your spouse has done will likely not constitute condonation. However, if you resume full marital relations for an extended period and resume living normally as husband and wife, that constitutes condonation of past acts of adultery, meaning you could not pursue a fault-based divorce on those grounds.

Legally, moving out to separate is not generally considered "abandonment" in the way clients fear, but staying in the home can provide leverage for negotiation. If you do move out and then do not attempt to visit with or see your children for an extended period of time, this would be taken into consideration if there were a contested custody case.

Your lawyer will generally advise against dating until you have a signed settlement agreement. However, lawyers are very cautious. In non-custody cases, the consequences of dating (and getting caught) are mostly financial, and some clients feel the benefits of moving on quickly outweigh the potential costs. Adultery — whether pre-separation or post-separation — is an absolute bar to alimony, and a party who proves adultery generally recovers all of their Private Investigator fees. Adultery also increases potential exposure to pay the other side's legal fees, and in alimony cases is one of the factors a court may consider (if the opposing party is seeking alimony and proves adultery, it can strengthen the alimony claim).

In some cases, there is very little risk in dating after separation, while in others — particularly custody cases or cases where you are seeking alimony — dating would never be advisable. It is normally a choice you make after consulting with your lawyer and being informed of the pros and cons. In general, you should always be discreet and considerate if you choose to date someone after separation. There is no benefit in antagonizing your soon-to-be former spouse or hurting their feelings.

You must live separate and apart for one continuous year before a no-fault divorce can be finalized. However, if there are unresolved and contested issues, you are allowed to file your case on the first day after you separate.

If you have fault grounds (such as adultery) and a full agreement, a divorce can be finalized as quickly as 90 days after filing.

You generally hire a Private Investigator (PI) to prove "inclination" (romantic intent) and "opportunity" (being alone together in a private place). A PI report is the gold standard for proving adultery in court.

You should document the behavior (photos, texts) and, if there is an immediate threat of harm, consider filing for an Order of Protection, which can remove them from the home.

Called a "temporary hearing," this 15–30 minute hearing takes place at the beginning of your case. The Court will review written submissions and hear argument of the attorneys, then enter a Temporary Order that remains in effect while your case is open. The Court, in its temporary order, generally decides who gets exclusive use of which property (most commonly, the marital home) and who is responsible for certain expenses (such as mortgage, utilities, insurance, etc.) while the case is ongoing. If custody is contested, the Court will also make a temporary ruling about custody, enter a visitation schedule, put parenting restrictions in place, and appoint a Guardian ad Litem.

If your case is dismissed for any reason, the temporary order loses all legal effect. Once there is a final order (whether approving an agreement or after a contested trial), the final order completely replaces the temporary order. In theory, all of the court's rulings at a temporary hearing are "without prejudice," meaning they can be revisited and completely changed at trial. In practice, certain initial rulings (such as custody, parenting time, and possession of a residence) can have very long-lasting effects. For example, if the other party is granted exclusive use of the home and you sign a lease agreement, you are bound by that lease even if the Court's order is legally "without prejudice" to you at a final hearing.

No. In South Carolina, temporary hearings are based on written affidavits (sworn statements) and financial declarations, not live testimony. In very rare circumstances, Family Court Rule 21 allows the judge to accept other evidence (or require other evidence), meaning you could technically be asked to testify at your temporary hearing — however this occurs less than 1% of the time in practice.

An affidavit is written sworn testimony. It is a written, notarized letter to the judge where you tell your story, explain your background, and state what relief you are requesting.

Yes, you can submit supporting affidavits from witnesses who can attest to your character or specific incidents relevant to your case.

A Guardian ad Litem is a lawyer appointed by the court to represent the best interests of the children. They investigate the family, interview parents and children, and report to the court.

Typically, the cost (often a retainer of $750–$1,000 per party) is split 50/50 between the spouses, though the court can reallocate fees later.

Mediation is required in all contested cases. With a few exceptions, you must complete mediation in order to request a trial, and if you do not request a trial within 12 months, your case is subject to dismissal. Mediation itself is a process in contested cases where a neutral third party helps you and your spouse try to reach a settlement agreement to avoid trial.

If you reach an agreement, it is written up, signed, and presented to the judge at a final hearing for approval to become a court order.

Discovery is the process of exchanging information, including 3–5 years of financial records (bank statements, credit card statements, tax returns), interrogatories (written questions), and requests for production of documents.

You can request it, but courts rarely order one spouse to pay the other's attorney's fees unless there is a significant disparity in income or bad conduct.

During the discovery phase, you can subpoena bank records, credit card statements, and electronic payment records (such as Venmo, Zelle, or PayPal transactions) to trace funds. If the financial situation is complex, you can also retain a forensic accountant to analyze the records.

Yes, the court can order a name change for a child and order the birth certificate amended as part of the final order.

Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the "marital fraction" — the portion of retirement points or service time earned during the marriage.

International travel with children requires a passport. If the parents cannot agree, the court can set rules for holding the passport and allowing international travel, particularly to countries that are signatories to the Hague Convention on International Child Abduction.