10 South Carolina Divorce Mistakes to Avoid (2026)

South Carolina's separation requirement, fault-based alimony bar, and equitable distribution factors create specific mistakes that are costly and sometimes irreversible.

Mistake #1 — Filing Before the 1-Year Separation Is Complete

The most common South Carolina divorce mistake. Some people file for divorce after moving out, assuming a judge will grant the divorce. The Family Court will dismiss the case if the full 12 months of continuous physical separation has not elapsed.

Fix: Note the exact date you began living apart. File on Day 366 or later. Keep documentation of the separation (utility bills, lease agreements, mail at separate addresses).

Mistake #2 — Not Documenting the Separation Start Date

You'll need to prove to the Family Court that you lived apart for 12 continuous months. Without clear documentation of when the separation began, the date can become a contested issue.

Fix: Document the separation start date in writing. Keep utility bills, lease or mortgage records, and bank statements showing separate addresses. An email or text message confirming the move-out date can also help.

Mistake #3 — Resuming Living Together During the Separation Year

Any return to the marital home — even briefly — can be argued to have restarted the 1-year clock. A reconciliation attempt that fails doesn't necessarily restart the clock, but any ambiguity can lead to a contested dispute about the separation date.

Fix: Maintain completely separate residences. If a brief reconciliation attempt occurs, document clearly that it failed and when you resumed separate living.

Mistake #4 — Committing Adultery Without Understanding the Alimony Bar

South Carolina is one of the strictest states on this issue: proven adultery by the spouse seeking alimony completely bars that spouse from receiving alimony. Many people do not realize this until after the fact.

Fix: If you are contemplating dating while separated, understand that South Carolina law does not distinguish between adultery before the separation date and during the separation period — you are still legally married until the Decree is entered. Consult an attorney before entering a new relationship.

Mistake #5 — Not Filing a Financial Declaration

Both parties must file Financial Declarations. If you forget or submit an incomplete one, the Family Court may refuse to schedule the final hearing or may continue the hearing until proper forms are filed.

Fix: Complete and file the Financial Declaration early. Exchange declarations with the other party before the hearing date.

Mistake #6 — Leaving Alimony Unaddressed in the Settlement Agreement

A Settlement Agreement that neither awards nor waives alimony creates a gap that can result in future litigation.

Fix: Include a clear alimony provision — either an award with terms, or a waiver: "Each party waives any claim for alimony, now and forever." In South Carolina, courts are generally reluctant to add alimony later if waived in a valid settlement agreement.

Mistake #7 — Ignoring the Fault Factor in Property Division

If one spouse has committed adultery or other fault, that is one of the 15 factors in equitable distribution. Ignoring it when negotiating a 50/50 split means potentially leaving value on the table.

Fix: If fault is relevant, consult with an attorney about how it may affect the equitable distribution in your specific case before agreeing to a straight split.

Mistake #8 — Not Getting a QDRO After the Decree

The Settlement Agreement and Decree awarding half of the retirement account does not transfer the funds. Only a QDRO (for employer plans) or a proper IRA transfer can do that.

Fix: After the Decree, engage a QDRO specialist for employer retirement accounts. For IRAs, initiate a trustee-to-trustee transfer using the divorce decree as authorization.

Mistake #9 — Recording the Deed at the Wrong Office

South Carolina counties record real property at the Register of Deeds (not "Recorder of Deeds" or "Assessor's Office"). Filing with the wrong office means the transfer is not legally recorded.

Fix: After refinancing, prepare a Quit Claim Deed and record at the county Register of Deeds in the county where the property is located.

Mistake #10 — Skipping the Final Hearing

South Carolina requires a brief hearing before a Family Court judge even for uncontested divorces. The case cannot be finalized by paperwork alone. Some people submit all their paperwork and expect a decree — it doesn't work that way.

Fix: After filing, contact the Family Court clerk to schedule a final hearing date. Plan to appear in person (or confirm your county's current procedures for telephonic/video hearings).

Last reviewed: March 2026 | File on Day 366+ | Adultery bars alimony — § 20-3-130(A) | Financial Declaration required | sccourts.org/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.