Sumter Divorce Lawyers

The Divorce Process in Sumter & Columbia, SC

South Carolina divorce requires careful attention to state laws and a thorough approach to resolving key issues.  

The process generally follows these steps, though each case may vary slightly depending on individual circumstances:

• Filing for divorce. One spouse (the plaintiff) must file a Complaint for Divorce with the court, starting the legal process. The complaint states the grounds for divorce.
• Service of process. The other spouse (the defendant) receives official notice of the divorce action.
• Resolution of key issues. The court requires that several important matters be addressed before granting a divorce. These include:
  • Property division. South Carolina uses equitable distribution, which means the court divides marital assets and debts in a way it considers fair, though not always equal.
  • Child custody and visitation. Courts focus on the child’s best interests when making custody and visitation decisions.
  • Child support. Using South Carolina guidelines, the non-custodial parent generally pays child support to help meet the child’s needs.
  • Alimony. If one spouse needs financial support after the divorce, the court may order alimony, considering factors like income, how long the marriage lasted, and the lifestyle during marriage.
• Final divorce decree. Once all issues are resolved, the court issues a divorce decree that legally ends the marriage.

The process may take several months to over a year depending on the complexity of your situation, the speed of document exchanges, and whether disputes arise. Local factors, such as the caseload at the Sumter County Family Court, may affect timeframes for hearings and final decisions. Couples with children or significant assets often face additional steps that require organized planning and negotiation to achieve fair results. At each stage, our divorce lawyers explain what to expect and guide you through decisions that fit your family and goals.

Grounds for Divorce in South Carolina

South Carolina recognizes both fault-based and no-fault grounds for divorce. The no-fault option requires spouses to live separately for at least 12 months without cohabitation. This is the most common type of divorce, often proceeding more quickly because it removes the need to prove fault. 

The fault-based grounds for divorce in South Carolina include the following:

• Adultery. If one spouse engages in an affair, this can serve as grounds for divorce.
• Physical cruelty. Physical abuse or harm by one spouse justifies a divorce.
• Habitual drunkenness or drug use. Divorce may be granted if a spouse’s substance use damages the marriage.
• Desertion. If one spouse deliberately leaves the other and the relationship for at least one year, it stands as grounds for divorce.

Proving fault-based grounds demands evidence, making these cases more detailed and at times contentious. However, fault-based grounds often influence decisions regarding alimony or property division and matter for some people resolving a divorce.

Divorce Timelines & What to Expect in Sumter

Many people ask how long a divorce will take in Sumter. Each case follows its own timeline, but uncontested divorces in Sumter County usually resolve faster than contested ones. When both spouses agree on major issues—such as property division and child custody—a divorce can finish within several months after the 12-month required separation. Contested cases or those with complex finances, including high net worth divorces, often involve more steps and require additional time. Other factors, such as court schedules, judge availability, or the need for mediation, can cause scheduling delays. Divorce cases at the Sumter County Family Court move according to established local court rules and the ability to schedule all involved parties. Our attorneys give clients clear information about the expected pace and help them prepare for court dates and required documents. Staying organized helps the process move forward. Knowing what to expect removes some of the uncertainty that comes with divorce.