Divorce mediation is mandatory in many South Carolina counties to decrease the caseload on the family courts. Spouses may be ordered to try and resolve their differences through mediation before a final hearing.

In the mediation sessions, the spouses may address a variety of issues that include parenting, child support and alimony, the division of assets and allocation of debt, pre-nuptial agreements, post-decree custody questions, and grandparent visitation.

A party must attend and cooperate in good faith, but he or she is not required to reach a marital settlement agreement during mediation. Either spouse can terminate the mediation at any time, as can the mediator. The mediator strives to assist the parties in arriving at a mutually acceptable agreement. If an agreement is reached, the written and signed agreement goes to the Family Court for approval and incorporation into a final judgment and decree of divorce.

The court does not grant a decree unless the judge or mediator certifies that mediation is unsuccessful. No final decree is granted until three months after the initial filing of the complaint. [Code of Laws of South Carolina; Chapter 3 20-3-80, 20-3-90, and 20-7-850].

There is no provision in South Carolina for mandatory counseling.

At the judge’s discretion spouses may be order to attend parenting classes.