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Family Law in South Carolina

This guide provides a comprehensive resource to students on all things family law. From statutes to practical guidance, this LibGuide will assist those who are interested in family law gain a better understanding

Family Court Forms

Common Definitions

Common Law Marriage - Holding oneself out to be married even without a marriage license. This has been prohibited in South Carolina by Stone v. Thompson, 428 S.C. 79 (2019). All marriage prior to 2019 will be valid, but not after. 

Grounds for Divorce S.C. Code Ann Section 20-3-10

    Adultery

    Physical Cruelty 

    Desertion

    Habitual Drunkenness 

Temporary Order: an order issued after a hearing where each party has provided the Court with information in support of the motion. This could be for spousal support, child support, or visitation. Megan Dell, South Carolina Court Orders in Family Court, Dell Family Law, (Fed. 2021),

Final Order: this document will end a divorce proceeding in South Carolina. Megan Dell, South Carolina Court Orders in Family Court, Dell Family Law, (Feb. 2021), https://www.charlestonfamilylaw

attorney.com/south-carolina-court-orders.

Rule to Show Cause: brought before the court when one party violates an order from the judge, temporary or final. Megan Dell, South Carolina Court Orders in Family Court, Dell Family Law, (Fed. 2022), https://www.charlestonfamilylaw

attorney.com/south-carolina-court-orders.

CSOL Clinics

Domestic Violence Clinic

     The Domestic Violence Clinic works in conjunction with South Carolina Legal Services. This clinic will have students working with clients for different types of restraining and protective orders. This sometimes will involve family law matters, which if the case goes far enough, will lead to mediation. This guide will also be helpful to explore the different types of documents that may be used while working in this clinic. 

Mediation Clinic

    The Mediation Clinic allows students to interact with every facet of mediation. Due to the requirement that all family court proceedings must be mediated before going to trial, many students have the possibility of encountering a family law dispute during their clinic time. This LibGuide will serve as a helpful resource for students in learning about family law to become acquainted with rules, decisions, and documents that are associated with that area of law.