Divorce Source: Divorce Law Table - South Carolina

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Divorce Law Table - South Carolina - Wyoming

Table 1 - Alimony/Spousal Support Factors

STATE	Statutory List	Marital Fault Not Considered	Marital Fault Relevant	Standard of Living	Status as Custodial Parent
South Carolina	X		X	X	X
South Dakota			X	X
Tennessee	X		X	X	X
Texas	X		X	X	X
Utah	X		X	X
Vermont	X	X		X	X
Virginia	X		X	X
Washington	X	X		X
West Virginia			X
Wisconsin	X	X		X	X
Wyoming			X

Table 2 - Custody Criteria

STATE	Statutory Guidelines	Children's Wishes	Joint Custody	Cooperative Parent	Domestic Violence	Health	Attorney or GAL
South Carolina		X	X	X	X	X	X
South Dakota		X	X	X
Tennessee	X	X	X		X	X	X
Texas	X	X	X	X	X	X	X
Utah	X	X	X	X			X
Vermont	X		X		X		X
Virginia	X	X	X	X	X	X	X
Washington	X	X			X	X	X
West Virginia		X	X		X
Wisconsin	X	X	X	X	X	X	X
Wyoming		X	X		X

Table 3 - Child Support Guidelines

STATE	Income Share	Percent of Income	Extraordinary Medical Add On*	Child-Care Add On*	College Support	UIFSA
South Carolina	X		X	X	X	X
South Dakota	X	X	X			X
Tennessee		X
Texas		X	X			X
Utah	X		X	X		X
Vermont	X		X	X
Virginia	X		X	X		X
Washington	X		X	X	X	X
West Virginia	X		X	X
Wisconsin		X	X			X
Wyoming	X	X				X

* Source: Laura W. Morgan, Child Support Guidelines (1996)

Table 4 - Grounds for Divorce and Residency Requirements

STATE	No Fault Sole Ground	No Fault Added to Traditional	Incompatibility	Living Separate and Apart	Judicial Separation	Durational Requirements
South Carolina		X		1 year	X	3 month ( both residents)
South Dakota		X			X	6 months
Tennessee		X		2 years	X	6 months
Texas		X		3 years		6 months
Utah		X		3 years	X	90 days
Vermont		X		6 months		6 months
Virginia		X		1 year	X	6 months
Washington	X				X	1 year
West Virginia		X		1 year	X	1 year
Wisconsin	X				X	6 months
Wyoming	X		X		X	60 days

Table 5 - Property Division

STATE	Community Property	Only Marital Divided	Statutory List of Factors	Non Monetary Contributions	Economic Misconduct	Contribution to Education
South Carolina		X	X	X	X	X
South Dakota				X	X
Tennessee		X	X	X	X	X
Texas	X				X
Utah					X
Vermont			X	X	X	X
Virginia		X	X	X	X
Washington	X		X
West Virginia		X	X	X	X	X
Wisconsin	X	X	X	X	X	X
Wyoming		X	X

Table 6-Third Party Visitation

STATE	Stepparents	Grandparents-Death of Their Child	Grandparents-Child Divorce	Out of Wedlock	Any Interested Party
South Carolina		X	X	X
South Dakota		X	X	X
Tennessee	X		X
Texas	X	X	X	X	X
Utah	X	X	X
Vermont		X	X
Virginia	X		X		X
Washington	X		X
West Virginia		X	X	X
Wisconsin		X	X
Wyoming	X	X	X		X

Source: Family Law Quarterly, Vol. 30, No.4, Winter 1997. Published by Section of Family Law - American Bar Association.

EQUITABLE DIVISION (DISTRIBUTION) – Equitable distribution is the regime used in 41 states and the District of Columbia for dividing property acquired by spouses during their marriage. Equitable does not mean "equal"; it means that assets acquired during a marriage are subject to distribution fairly. In many cases, fair means what a judge says is fair.

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Need to Know the Law?

This section will provide you with the state divorce laws addressing the following issues, but not limited to; Residency Requirements, Grounds for Divorce or Dissolution of Marriage, Legal Separation, Property Division, Child Custody, Child Support, Visitation, and Spousal Support or Alimony.

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