S.C. Code Ann. § 20-1-10 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-10
SECTION 20-1-10. Persons who may contract matrimony.
Status: in_force

(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony. (B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or another man. (C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or another woman. Validity For validity of this section, see Obergefell v. Hodges, 135 S.Ct. 2584 (U.S. 2015); Condon v. Haley, 21 F.Supp.3d 572 (D. S.C. 2014).
S.C. Code Ann. § 20-1-560 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-560
SECTION 20-1-560. Service on persons in military or naval services overseas in action to annul marriage.
Status: in_force

No action shall be brought under the provisions of Section 20-1-550 against a man or woman in the military or naval service who is beyond the seas, nor until after such man or woman in the military or naval service has returned from beyond the seas for a period of three months, unless such defendant consents to such proceeding.
S.C. Code Ann. § 20-1-350 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-350
SECTION 20-1-350. Filing of license and certificate and issuance of certified copies by Department of Health and Environmental Control.
Status: in_force

The Department of Health and Environmental Control shall properly file and index every marriage license and certificate and may provide a certified copy of any license and certificate upon application of proper parties except that upon request the Department of Social Services or its designee must be provided at no charge with a copy or certified copy of a license and certificate for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation.
S.C. Code Ann. § 20-1-80 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-80
SECTION 20-1-80. Bigamous marriage shall be void; exceptions.
Status: in_force

All marriages contracted while either of the parties has a former wife or husband living shall be void. But this section shall not extend to a person whose husband or wife shall be absent for the space of five years, the one not knowing the other to be living during that time, not to any person who shall be divorced or whose first marriage shall be declared void by the sentence of a competent court.
S.C. Code Ann. § 20-4-70 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-70
SECTION 20-4-70. Duration of order of protection; modification of terms.
Status: in_force

(A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation. (B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(C) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(C) remains in effect until an order pursuant to the hearing is issued by the court. (C) The family court may modify the terms of any order issued under this section. (D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.
S.C. Code Ann. § 20-1-550 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-550
SECTION 20-1-550. Service on defendant in action to annul marriage.
Status: in_force

When a marriage has been contracted or solemnized in this State and an action is brought under Sections 20-1-80, 20-1-510, and 20-1-530 seeking to annul it, the plaintiff shall serve his complaint on the defendant by publication as provided in Sections 15-9-710 and 15-9-740. The original summons must be filed in the office of the clerk of court of the county in which the action is pending. Service by publication as provided in Sections 15-9-710 and 15-9-740 also is available to a plaintiff in an action for annulment whose marriage was contracted or solemnized outside of this State when the plaintiff was a resident of this State at the time of the marriage or has been a resident of this State for at least one year prior to the commencement of the action.
S.C. Code Ann. § 20-3-180 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-180
SECTION 20-3-180. Change of name after divorce or separation.
Status: in_force

The court, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a party to resume a former surname or the surname of a former spouse.
S.C. Code Ann. § 20-3-70 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-70
SECTION 20-3-70. Service of summons on nonresident.
Status: in_force

When the person on whom the service of the summons in an action for divorce from the bonds of matrimony is to be made cannot, after due diligence, be found within the State and that fact appears to the satisfaction of the court, or judge thereof, the clerk of the court of common pleas, the master or the probate judge of the county in which the cause is pending and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made, such court, judge, clerk, master or judge of probate may grant an order that the service be made by the publication of the summons in the manner and with the effect provided in Sections 15-9-710 to 15-9-740. In lieu of publication of summons as provided in Sections 15-9-710 to 15-9-740 the plaintiff may cause such process to be served personally upon any nonresident and the service so made shall be sufficient.
S.C. Code Ann. § 20-1-720 — SC Code / Title 20 / Chapter 1 / Article 7 / Section 20-1-720
SECTION 20-1-720. Publication and distribution of "South Carolina Family Respect" pamphlet.
Status: in_force

(A) The office of the Governor shall publish an informational pamphlet entitled "South Carolina Family Respect" consistent with the intent and provisions of this act. The office of the Governor shall distribute the pamphlet to the agencies, offices, and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients. (B) The informational pamphlet must be distributed to: (1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license; (2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement; (3) the Department of Social Services who shall give it to each person who applies for welfare benefits; (4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80; (5) all public school districts in the State that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum; (6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases; (7) all local mental health centers to be distributed where appropriate in particular counseling situations; (8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels; (9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and (10) the pamphlet must be made available for voluntary distribution to: (i) all clergy and counselors who provide marriage counseling; (ii) all private high schools; (iii) all private institutions of higher learning; and (iv) the general public.
S.C. Code Ann. § 20-1-540 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-540
SECTION 20-1-540. Adjudication of presumed death.
Status: in_force

When a person has been married in this State or was living with his or her spouse in this State after marriage and the one has left the other and has been absent from the other for seven years, without the latter knowing or hearing anything about such absent spouse, the abandoned spouse may by an action in the court of common pleas or other court of competent jurisdiction serve the absent spouse by publication in the manner provided in Sections 15-9-710 and 15-9-740 and bring the issue as to such facts before the court of common pleas or other court of competent jurisdiction. And when it shall be satisfactorily established to the presiding judge of such court or to a jury on an issue sent to the jury by the judge that such absent spouse has not been heard from for seven years the complaining spouse shall have an adjudication of the issue and such absent spouse shall be conclusively presumed dead in so far as any children or kindred resulting from any marriage of the abandoned spouse during such absence may be concerned, notwithstanding the fact that such absent spouse may later appear alive. The reappearance or return of the absent spouse shall not alter such adjudication or invalidate or upset any subsequent marriage entered into by the abandoned spouse.
S.C. Code Ann. § 20-4-380 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-380
SECTION 20-4-380. Construction of act.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
S.C. Code Ann. § 20-3-200 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-200
SECTION 20-3-200. Divorce shall not render children illegitimate.
Status: in_force

No judgment of divorce from the bonds of matrimony shall render illegitimate the children begotten of the marriage.
S.C. Code Ann. § 20-5-30 — SC Code / Title 20 / Chapter 5 / Section 20-5-30
SECTION 20-5-30. Wife's property is not subject to husband's debts.
Status: in_force

The real and personal property of a married woman, whether held by her at the time of her marriage or accrued to her thereafter, either by gift, grant, inheritance, devise, purchase or otherwise, shall not be subject to levy and sale for her husband's debts but shall be her separate property.
S.C. Code Ann. § 20-5-70 — SC Code / Title 20 / Chapter 5 / Section 20-5-70
SECTION 20-5-70. Liability of husband in suit brought against wife.
Status: in_force

Neither a husband nor his property shall be liable for any recovery against his wife in any suit brought against her. Judgment in any such suit may be enforced by execution against her sole and separate estate in the same manner as if she were sole.
S.C. Code Ann. § 20-3-50 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-50
SECTION 20-3-50. Jurisdiction of actions for divorce.
Status: in_force

Actions for divorce from the bonds of matrimony shall, except as otherwise provided, be only in the equity jurisdiction of the court of common pleas.
S.C. Code Ann. § 20-1-90 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-90
SECTION 20-1-90. Legitimacy of children when either party to bigamous marriage marries in good faith.
Status: in_force

When either of the contracting parties to a marriage that is void under the provisions of Section 20-1-80 entered into the marriage contract in good faith on or after April 13, 1951 and in ignorance of the incapacity of the other party, any children born of the marriage shall be deemed legitimate and have the same legal rights as a child born in lawful wedlock.
S.C. Code Ann. § 20-3-190 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-190
SECTION 20-3-190. Divorced wife barred of dower.
Status: in_force

On the granting of any final decree of divorce, the wife shall thereafter be barred of dower in lands formerly owned, then owned, or thereafter acquired by her former husband.
S.C. Code Ann. § 20-1-210 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-210
SECTION 20-1-210. License required for marriage.
Status: in_force

It shall be unlawful for any persons to contract matrimony within this State without first procuring a license as is herein provided and it shall likewise be unlawful for anyone whomsoever to perform the marriage ceremony for any such persons unless such persons shall first have delivered to the party performing such marriage ceremony a license as is herein provided duly authorizing such persons to contract matrimony. Any officer or person performing the marriage ceremony without the production of such license shall, on conviction thereof, be punished by a fine of not more than one hundred dollars nor less than twenty-five dollars or by imprisonment for not more than thirty days nor less than ten days.
S.C. Code Ann. § 20-1-360 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-360
SECTION 20-1-360. Effect of article on marriage without license.
Status: in_force

Nothing contained in this article shall render illegal any marriage contracted without the issuance of a license.
S.C. Code Ann. § 20-4-80 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-80
SECTION 20-4-80. Mailing or service of order.
Status: in_force

A certified copy of an order of protection must be mailed to or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides. No charge may be made to the petitioner for such action.
S.C. Code Ann. § 20-5-20 — SC Code / Title 20 / Chapter 5 / Section 20-5-20
SECTION 20-5-20. Power of wife to convey, bequeath, and devise separate property; descent.
Status: in_force

A married woman shall have power to bequeath, devise or convey her separate property in the same manner and to the same extent as if she were unmarried and, dying intestate, her property shall descend in the same manner as the law provides for the descent of the property of husbands. All deeds, mortgages and legal instruments of whatever kind shall be executed by her in the same manner and have the same legal force and effect as if she were unmarried.
S.C. Code Ann. § 20-1-240 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-240
SECTION 20-1-240. Information to be provided to applicants for marriage licenses.
Status: in_force

All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of application, provide to applicants for marriage licenses: (1) family planning information supplied to the issuing officials by the Department of Health and Environmental Control; and (2) the "South Carolina Family Respect" information pamphlet published and provided by the office of the Governor.
S.C. Code Ann. § 20-4-130 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-130
SECTION 20-4-130. Applicability of other remedies.
Status: in_force

Any proceeding under this chapter is in addition to other civil and criminal remedies.
S.C. Code Ann. § 20-3-110 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-110
SECTION 20-3-110. Injunctions incident to divorce suits.
Status: in_force

The court, pending the termination of the action or by final order, may restrain or enjoin either party to the cause from in any manner interposing any restraint upon the personal liberty of, or from harming, interfering with or molesting, the other party to the cause during the pendency of the suit or after final judgment. It may also, during the pendency of such action, restrain or enjoin any other person who is made a party to the action from doing or threatening to do any act calculated to prevent or interfere with a reconciliation of the husband and wife or other amicable adjustment of the action.
S.C. Code Ann. § 20-4-90 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-90
SECTION 20-4-90. Sheriff's department to assist in execution of order.
Status: in_force

When any order is issued pursuant to this chapter, upon request of the petitioner, the court may, as part of the order, require the sheriff's department or the police department pursuant to duties described under Section 20-4-100 to accompany the petitioner and assist in placing the petitioner in the possession of the dwelling or residence or otherwise assist in execution of service of the order.
S.C. Code Ann. § 20-1-530 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-530
SECTION 20-1-530. Declaration of invalidity.
Status: in_force

If any such contract has not been consummated by the cohabitation of the parties thereto the court may declare such contract void for want of consent of either of the contracting parties or for any other cause going to show that, at the time the supposed contract was made, it was not a contract.
S.C. Code Ann. § 20-4-390 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-390
SECTION 20-4-390. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 20-4-330 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-330
SECTION 20-4-330. Judicial enforcement of foreign protection order; determining validity of order.
Status: in_force

(A) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this State. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this State would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this State for the enforcement of protection orders. (B) A tribunal of this State may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. (C) A tribunal of this State shall enforce the provisions of a valid foreign protection order, which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. (D) A foreign protection order is valid if it: (1) identifies the protected individual and the respondent; (2) is currently in effect; (3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and (4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process. (E) A foreign protection order valid on its face is prima facie evidence of its validity. (F) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action-seeking enforcement of the order. (G) A tribunal of this State may enforce provisions of a mutual foreign protection order which favor a respondent only if: (1) the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and (2) the tribunal of the issuing state made specific findings in favor of the respondent.
S.C. Code Ann. § 20-3-135 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-135
SECTION 20-3-135. Spousal support obligation when marriage declared void due to fraud.
Status: in_force

A marriage that would otherwise be lawful that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed pursuant to Section 20-3-130.
S.C. Code Ann. § 20-1-30 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-30
SECTION 20-1-30. Cohabitation prior to emancipation as marriage.
Status: in_force

All persons in this State who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife and were cohabiting as such or in any way recognizing the relation as still existing on March 12, 1872, whether the rites of marriage have been celebrated or not, shall be deemed husband and wife, and be entitled to all the rights and privileges and be subject to all the duties and obligations of that relation, in like manner as if they had been duly married according to law. But the provisions of this section shall not be deemed to extend to persons who have agreed to live in concubinage after their emancipation.
S.C. Code Ann. § 20-3-670 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-670
SECTION 20-3-670. Notice of pendency of action.
Status: in_force

(A)(1) In a proceeding under this article, either party may record a notice of the pendency of proceedings in the manner provided in civil actions generally, which has the same effect as a notice in civil actions. The rights and interests of each spouse in the other's property created by this article are not effective against third parties: (a) with regard to any parcel of real property in which an interest under this article is claimed until a Notice of Pendency of Action is filed as provided in Section 15-11-10 with the clerk of court of the county in which such parcel of real property is situated; and (b) with regard to personal property, until the third party has received written notice from either spouse in a proceeding under this article that marital litigation has been filed. (2) Prior rights and interests of third parties: (a) in real property are not affected by filing a Notice of Pendency of Action; and (b) in personal property are not affected by receipt of written notice of such a filing. (B)(1) Upon entry of judgment against a party requiring payment of money or transfer of property, whether by interlocutory order or final decree, a party may apply to the court for issuance of a transcript of judgment in the form prescribed in Section 20-3-680. This transcript may be recorded in the office of the clerk of court of common pleas and indexed in the books of abstracts of judgments of any county of this State as provided by law. (2) After the order or decree has been duly recorded and indexed in the office of the clerk of court of common pleas, the order or decree has all force and effect of judgments of the courts of common pleas as provided by law, the recording and indexing constituting record notice to all persons of the order or decree recorded and indexed. (3) The recordation and filing of a transcript of judgment does not prevent the court from exercising any equitable or other presently existing power of enforcement of the order or decree which is within its jurisdiction. (C) The statutory lien created by Section 20-3-145 is not effective as against third parties unless this section has been complied with. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1987 Act No. 14 SECTION 2; 1976 Code SECTION 20-7-477.
S.C. Code Ann. § 20-3-100 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-100
SECTION 20-3-100. Attempt at reconciliation when one party is in armed forces overseas.
Status: in_force

When either of the parties is a member of the armed forces and is serving without the continental limits of the United States, an affidavit by such party, taken before any officer of the armed forces authorized to administer an oath, to the effect that, so far as he is concerned, a reconciliation is impossible shall be accepted by the court in lieu of the certification that an unsuccessful attempt to reconcile the parties has been made.
S.C. Code Ann. § 20-3-680 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-680
SECTION 20-3-680. Form of transcript of judgment.
Status: in_force

A transcript of judgment may be substantially in the following form: NOTICE IS HEREBY GIVEN that in the above-captioned proceeding, (family court docket # of proceeding or domestic judgment #), filed in the family court of the State and county aforesaid, judgment was entered against __________, the _________ in the action, on the ___ day of __________, 20__, [in the amount of __________, as and by reason of (an award of attorney's fees, equitable division of property, etc.)] OR (requiring conveyance to __________ of the real property described as following:) Attorneys of record are __________, representing the petitioner and __________, representing the respondent. FURTHER NOTICE IS GIVEN that interest will accrue at the statutory rate from the ___ day of ___________, 20__, together with costs in the amount of __________. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-478.
S.C. Code Ann. § 20-5-60 — SC Code / Title 20 / Chapter 5 / Section 20-5-60
SECTION 20-5-60. Husband shall not be liable for wife's debts.
Status: in_force

A husband shall not be liable for the debts of his wife contracted prior to or after their marriage, except for her necessary support and that of their minor children residing with her.
S.C. Code Ann. § 20-1-320 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-320
SECTION 20-1-320. Division of vital statistics shall distribute license forms.
Status: in_force

The Division of Vital Statistics of the Department of Health and Environmental Control shall, for the purpose of uniformity, print and distribute necessary forms of marriage license and certificate to be used by all probate courts of this State in the issuance of marriage licenses.
S.C. Code Ann. § 20-4-10 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-10
SECTION 20-4-10. Short title.
Status: in_force

This chapter may be cited as the "Protection from Domestic Abuse Act".
S.C. Code Ann. § 20-4-320 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-320
SECTION 20-4-320. Definitions.
Status: in_force

For purposes of this article: (1) "Foreign protection order" means a protection order issued by a tribunal of another state. (2) "Issuing state" means the state whose tribunal issues a protection order. (3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. (4) "Protected individual" means an individual protected by a protection order. (5) "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. (6) "Respondent" means the individual against whom enforcement of a protection order is sought. (7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders. (8) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order.
S.C. Code Ann. § 20-3-235 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-235
SECTION 20-3-235. Decree to set forth social security numbers or alien identification numbers of parties in divorce.
Status: in_force

A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section. Editor's Note The Preamble of 1997 Act No. 71 provides as follows: "Whereas, it is the sense of Congress that all states shall have in effect certain laws relative to the enforcement of child support in order to remain eligible for federal funding under Title IV-D of the Social Security Act. Therefore, this act amends the Code of Laws of South Carolina, 1976, to, among other things, require the collection and use of social security numbers on certain state-issued documents and applications; to provide authority for the imposition of administrative liens in child support cases; to enhance the information requirements of the parties to a paternity or child support action; to enhance procedures establishing paternity; to conform the state's Uniform Interstate Family Support Act (UIFSA) to changes made by the National Conference of Commissioners on Uniform State Laws; to enhance income withholding; to provide authority for the Department of Social Services to administratively change the payee in Title IV-D child support cases; to provide authority for the issuance and enforcement of administrative subpoenas; to enhance the ability to void conveyances fraudulently conducted for purposes of avoiding payment of a child support obligation; to eliminate the payment of a child support disregard check in accordance with the elimination of federal financial participation in the same; to require employers, state and local agencies, financial institutions, and utility companies to provide certain information necessary for the establishment or enforcement of child support obligations; to establish a mandatory new hire reporting program; and to establish a state registry of child support cases."
S.C. Code Ann. § 20-4-110 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-110
SECTION 20-4-110. Immunity from civil or criminal liability.
Status: in_force

Any person who makes a report pursuant to this chapter or who participates in judicial proceedings resulting therefrom, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith is rebuttably presumed.
S.C. Code Ann. § 20-4-395 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-395
SECTION 20-4-395. Applicability.
Status: in_force

This article applies to protection orders issued before July 1, 2007, and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2007. A request for enforcement of a foreign protection order made after June 30, 2007, for violations of a foreign protection order occurring before July 1, 2007, is governed by this article.
S.C. Code Ann. § 20-4-60 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-60
SECTION 20-4-60. Order of protection; contents.
Status: in_force

(A) Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include: (1) temporarily enjoining the respondent from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed; (2) temporarily enjoining the respondent from communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter and temporarily enjoining the respondent from entering or attempting to enter the petitioner's place of residence, employment, education, or other location as the court may order. (B) Every order of protection issued pursuant to this chapter shall conspicuously bear the following language: (1) "Violation of this order is a criminal offense punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars." and (2) "Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both." (C) When the court has, after a hearing for any order of protection, issued an order of protection, it may, in addition: (1) award temporary custody and temporary visitation rights with regard to minor children living in the home over whom the parties have custody; (2) direct the respondent to pay temporary financial support for the petitioner and minor child unless the respondent has no duty to support the petitioner or minor child; (3) when the respondent has a legal duty to support the petitioner or minor children living in the household and the household's residence is jointly leased or owned by the parties or the respondent is the sole owner or lessee, grant temporary possession to the petitioner of the residence to the exclusion of the respondent; (4) prohibit the transferring, destruction, encumbering, or otherwise disposing of real or personal property mutually owned or leased by the parties or in which one party claims an equitable interest, except when in the ordinary course of business; (5) provide for temporary possession of the personal property, including pet animals, of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered. (6) award costs and attorney's fees to either party; (7) award any other relief authorized by Section 63-3-530; provided, however, the court must have due regard for any prior family court orders issued in an action between the parties. (8) prohibit harm or harassment, including a violation of Chapter 1, Title 47, against any pet animal owned, possessed, kept, or held by: (a) the petitioner; (b) any family or household member designated in the order; (c) the respondent if the petitioner has a demonstrated interest in the pet animal. (D) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property. (E) No mutual order of protection may be granted unless the court sets forth findings of fact necessitating the mutual order or unless both parties consent to a mutual order. (F) If mutual orders of protection have been entered that do not comply with the provisions of this section a petitioner may request the order be vacated and all records of the order be destroyed. Effect of Amendment The 2013 amendment added subsection (F). 2014 Act No. 251, SECTION 1, added subsection (C)(8). 2014 Act No. 251, SECTION 2, in subsection (C)(5), inserted ", including pet animals,".
S.C. Code Ann. § 20-4-340 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-340
SECTION 20-4-340. Enforcement by law enforcement officer; service of order on respondent.
Status: in_force

(A) A law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement. (B) If a foreign protection order is not presented, a law enforcement officer of this State may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists. (C) If a law enforcement officer of this State determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. (D) Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order pursuant to this article.
S.C. Code Ann. § 20-1-260 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-260
SECTION 20-1-260. Proof of age required of minor applicant.
Status: in_force

The probate judge or any other officer authorized by law to issue marriage licenses shall not issue any license to any applicant under the age of eighteen years until he has filed a birth certificate, or a hospital or baptismal certificate which has been issued and dated within one year after birth, or a certified copy thereof, showing that he is of lawful age, which shall be filed in the records of his office with the application for such license. Provided, when an original birth, baptismal or hospital certificate is presented a copy of it shall be made and the original returned to the applicant. If the applicant shall certify in writing to the probate judge or such officer that he, after diligent effort, is unable to obtain a birth certificate or a hospital or baptismal certificate, the applicant shall then be required to have his parents, legal guardian or person with whom he resides execute an affidavit before any person authorized by law to administer an oath and under seal, which affidavit shall contain such information as will establish the age of the applicant. Provided, further, that upon the request of the applicant, any original birth, baptismal or hospital certificate presently on file with the court may be copied and the original returned to the applicant. Persons applying for marriage licenses in lieu of furnishing birth certificates or hospital or baptismal certificates may present the following: military service identification card; selective service identification card; passports and visas.
S.C. Code Ann. § 20-3-140 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-140
SECTION 20-3-140. Allowance of alimony and suit money in suits for separate support and maintenance and similar actions.
Status: in_force

In all actions for separate support and maintenance, legal separation, or other marital litigation between the parties, allowances of alimony and suit money and allowances of alimony and suit money pendente lite shall be made according to the principles controlling such allowance and actions for divorce a vinculo matrimonii.
S.C. Code Ann. § 20-3-80 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-80
SECTION 20-3-80. Required delays before reference and final decree; exceptions.
Status: in_force

No reference shall be had before two months after the filing of the complaint in the office of the Clerk of Court, nor shall a final decree be granted before three months after such filing. Provided, however, that when the plaintiff seeks a divorce on the grounds of desertion or separation for one year, the hearing may be held and the decree issued after the responsive pleadings have been filed or after the respondent has been adjudged to be in default whichever occurs sooner.
S.C. Code Ann. § 20-3-170 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-170
SECTION 20-3-170. Modification, confirmation, or termination of alimony; retirement by supporting spouse.
Status: in_force

(A) Whenever any husband or wife, pursuant to a judgment of divorce from the bonds of matrimony, has been required to make his or her spouse any periodic payments of alimony and the circumstances of the parties or the financial ability of the spouse making the periodic payments shall have changed since the rendition of such judgment, either party may apply to the court which rendered the judgment for an order and judgment decreasing or increasing the amount of such alimony payments or terminating such payments and the court, after giving both parties an opportunity to be heard and to introduce evidence relevant to the issue, shall make such order and judgment as justice and equity shall require, with due regard to the changed circumstances and the financial ability of the supporting spouse, decreasing or increasing or confirming the amount of alimony provided for in such original judgment or terminating such payments. Thereafter the supporting spouse shall pay and be liable to pay the amount of alimony payments directed in such order and judgment and no other or further amount and such original judgment, for the purpose of all actions or proceedings of every nature and wherever instituted, whether within or without this State, shall be deemed to be and shall be modified accordingly, subject in every case to a further proceeding or proceedings under the provisions of this section in relation to such modified judgment. (B) Retirement by the supporting spouse is sufficient grounds to warrant a hearing, if so moved by a party, to evaluate whether there has been a change of circumstances for alimony. The court shall consider the following factors: (1) whether retirement was contemplated when alimony was awarded; (2) the age of the supporting spouse; (3) the health of the supporting spouse; (4) whether the retirement is mandatory or voluntary; (5) whether retirement would result in a decrease in the supporting spouse's income; and (6) any other factors the court sees fit.
S.C. Code Ann. § 20-1-330 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-330
SECTION 20-1-330. Issue of licenses in triplicate; disposition.
Status: in_force

The officer issuing marriage license certificates shall issue them in triplicate, all of which shall be delivered to either of the contracting parties and the parties to whom they are delivered shall in turn deliver them to the minister or officer who performs the wedding ceremony. The minister or officer who performs the wedding ceremony shall fill them out as required by law and deliver one to the contracting parties, without additional charge, and the other two within fifteen days to the officer who issued the license certificates.
S.C. Code Ann. § 20-1-15 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-15
SECTION 20-1-15. Prohibition of same sex marriage.
Status: in_force

A marriage between persons of the same sex is void ab initio and against the public policy of this State. Validity For validity of this section, see Obergefell v. Hodges, 135 S.Ct. 2584 (U.S. 2015); Condon v. Haley, 21 F.Supp.3d 572 (D. S.C. 2014); Bradacs v. Haley, 58 F.Supp.3d 514 (D. S.C. 2014); Swicegood v. Thompson, 865 S.E.2d 775 (S.C. 2021).
S.C. Code Ann. § 20-1-290 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-290
SECTION 20-1-290. Wilful failure of license-issuing officer to comply with Sections 20-1-250, 20-1-260 and 20-1-270 as cause for removal.
Status: in_force

The wilful failure of any officer responsible for the issuance of marriage licenses to comply with the terms of Sections 20-1-250, 20-1-260 and 20-1-270 shall be grounds or cause for removal from office.
S.C. Code Ann. § 20-3-10 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-10
SECTION 20-3-10. Grounds for divorce.
Status: in_force

No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or (5) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground.
S.C. Code Ann. § 20-3-120 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-120
SECTION 20-3-120. Alimony and suit money.
Status: in_force

In every divorce action from the bonds of matrimony either party may in his or her complaint or answer or by petition pray for the allowance to him or her of alimony and suit money and for the allowance of such alimony and suit money pendente lite. If such claim shall appear well-founded the court shall allow a reasonable sum therefor.
S.C. Code Ann. § 20-1-230 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-230
SECTION 20-1-230. Issuance of license; premarital preparation course.
Status: in_force

(A) The judge of probate or clerk of court with whom a marriage license application was filed shall issue a license upon: (1) the filing of the application required under the provisions of Section 20-1-220; (2) the lapse of at least twenty-four hours thereafter; (3) the payment of the fee provided by law; and (4) the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages, and places of residence. (B) A man and a woman who successfully complete a qualifying premarital preparation course and who have a South Carolina marriage license which attests the completion of the course shall be entitled to receive a one-time fifty-dollar nonrefundable state income tax credit, as permitted in Section 12-6-3381. In order for the course to qualify pursuant to this section, the couple must: (1) attend a course taught by a professional counselor who is licensed pursuant to Chapter 75 of Title 40 or by an active member of the clergy in the course of his or her service as clergy or his or her designee, including retired clergy, provided that the designee is trained and skilled in premarital preparation; (2) attend a minimum of six hours of instruction; (3) complete the course within twelve months prior to the application for a marriage license; and (4) complete the course together rather than individually. A couple who completes a premarital preparation course pursuant to this section must be issued a certification of completion at the conclusion of the course by their course provider. The certification must include the number of hours that the couple completed together and the credentials of the course provider. A couple must produce this certification when applying for the marriage license in order to receive the non-refundable state income tax credit. The judge of probate or clerk of court must certify on the marriage license that the couple met the statutory requirements to qualify for this income tax credit. The judge of probate court or clerk of court is not responsible to authenticate the information contained in the certification of completion unless the certification of completion is wholly fraudulent on its face. (C) The discount authorized by this section must not be applied to the fee credited to the Domestic Violence Fund provided for in Section 20-1-375.
S.C. Code Ann. § 20-1-310 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-310
SECTION 20-1-310. Form of license and certificate.
Status: in_force

The form of license and certificate of marriage shall be prescribed and furnished by the State Registrar and shall contain information required by the standard certificate as recommended by the national agency in charge of vital statistics, all of which are declared necessary for registration, identification, legal, health and research purposes, with such additions as are necessary to meet requirements imposed by the State.
S.C. Code Ann. § 20-1-50 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-50
SECTION 20-1-50. Legitimacy of children of marriages contracted after absence of previous spouse.
Status: in_force

The issue of all marriages contracted after the absence of a husband or wife for a period of five years, such husband or wife not being heard from or known to be living during that period of time, are legitimate and declared to be legal heirs of their parents.
S.C. Code Ann. § 20-3-650 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-650
SECTION 20-3-650. Sequestration of property.
Status: in_force

(A) At any stage of a proceeding under this article where it appears to the court that personal jurisdiction may not be obtained over an absent party or where a party refuses to comply with an order of the court, the court may, upon appropriate petition, order the sequestration of that party's real and personal property which is within this State. The court may also appoint a sequestrator and, by injunction or otherwise, authorize the sequestrator to take the property into possession and control. In the case of an absent party, the court may appoint the party residing in this State as sequestator. (B) The property sequestered and the income from it may be applied in whole or in part, at the direction of the court and as justice may require, so as to achieve an equitable apportionment of property as set forth in this article. (C) Additionally, the court, in its discretion, if the property and income from it which may be sequestered is insufficient to pay what is required, may, upon terms and conditions as it considers in the interests of justice, direct the mortgaging of or the public or private sale of a sufficient amount of the sequestered property to pay what is required. (D) The family court in which the action is filed has jurisdiction and venue to sequester property located within this State. (E) The remedies in this section are cumulative to all other remedies which may be available to the parties. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-475.
S.C. Code Ann. § 20-3-220 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-220
SECTION 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.
Status: in_force

Any person violating any of the provisions of Section 20-3-210 shall, upon conviction, be punished for each offense by a fine of not less than one hundred dollars and not more than one thousand dollars or by imprisonment for not less than one month or more than one year, or both such fine and such imprisonment, at the discretion of the court.
S.C. Code Ann. § 20-1-270 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-270
SECTION 20-1-270. Proof of age required of applicant over age eighteen and under age twenty-five.
Status: in_force

All persons over eighteen years of age and under twenty-five years of age shall furnish documentary evidence to the probate judge or any other officer authorized under the law to issue marriage licenses which shall prove the age of the applicant to the satisfaction of such probate judge or other officer. The probate judge or other officer shall enter upon the record of the application a brief description of evidence submitted.
S.C. Code Ann. § 20-3-130 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-130
SECTION 20-3-130. Award of alimony and other allowances.
Status: in_force

(A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. (B) Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to: (1) Periodic alimony to be paid but terminating on the remarriage or continued cohabitation of the supported spouse or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances occurring in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to order the payment of alimony on an ongoing basis where it is desirable to make a current determination and requirement for the ongoing support of a spouse to be reviewed and revised as circumstances may dictate in the future. (2) Lump-sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future. The purpose of this form of support may include, but not be limited to, circumstances where the court finds alimony appropriate but determines that such an award be of a finite and nonmodifiable nature. (3) Rehabilitative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse (except as secured in subsection (D)) or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse. (4) Reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse (except as secured in subsection (D)) but not terminable or modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage. (5) Separate maintenance and support to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart. (6) Such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances without limitation to grant more than one form of support. For purposes of this subsection and unless otherwise agreed to in writing by the parties, "continued cohabitation" means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement. (C) In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant. (D) In making an award of alimony or separate maintenance and support, the court may make provision for security for the payment of the support including, but not limited to, requiring the posting of money, property, and bonds and may require a spouse, with due consideration of the cost of premiums, insurance plans carried by the parties during marriage, insurability of the payor spouse, the probable economic condition of the supported spouse upon the death of the payor spouse, and any other factors the court may deem relevant, to carry and maintain life insurance so as to assure support of a spouse beyond the death of the payor spouse. (E) In making an award of alimony or separate maintenance and support, the court may order the direct payment to the supported spouse, or may require that the payments be made through the Family Court and allocate responsibility for the service fee in connection with the award. The court may require the payment of debts, obligations, and other matters on behalf of the supported spouse. (F) The court may elect and determine the intended tax effect of the alimony and separate maintenance and support as provided by the Internal Revenue Code and any corresponding state tax provisions. The Family Court may allocate the right to claim dependency exemptions pursuant to the Internal Revenue Code and under corresponding state tax provisions and to require the execution and delivery of all necessary documents and tax filings in connection with the exemption. (G) The Family Court may review and approve all agreements which bear on the issue of alimony or separate maintenance and support, whether brought before the court in actions for divorce from the bonds of matrimony, separate maintenance and support actions, or in actions to approve agreement where the parties are living separate and apart. The failure to seek a divorce, separate maintenance, or a legal separation does not deprive the court of its authority and jurisdiction to approve and enforce the agreements. The parties may agree in writing if properly approved by the court to make the payment of alimony as set forth in items (1) through (6) of subsection (B) nonmodifiable and not subject to subsequent modification by the court. (H) The court, from time to time after considering the financial resources and marital fault of both parties, may order one party to pay a reasonable amount to the other for attorney fees, expert fees, investigation fees, costs, and suit money incurred in maintaining an action for divorce from the bonds of matrimony, as well as in actions for separate maintenance and support, including sums for services rendered and costs incurred before the commencement of the proceeding and after entry of judgment, pendente lite and permanently.
S.C. Code Ann. § 20-1-220 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-220
SECTION 20-1-220. Written application required twenty-four hours prior to issuance of license.
Status: in_force

No marriage license may be issued unless a written application has been filed with the probate judge, or in Darlington and Georgetown counties the clerk of court who issues the license, at least twenty-four hours before the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days.
S.C. Code Ann. § 20-3-420 — SC Code / Title 20 / Chapter 3 / Article 3 / Section 20-3-420
SECTION 20-3-420. Nonresident divorce shall be void if parties were domiciled here.
Status: in_force

A divorce from the bonds of matrimony obtained in another jurisdiction shall be of no force or effect in this State if both parties to the marriage were domiciled in this State at the time the proceeding for the divorce was commenced.
S.C. Code Ann. § 20-4-100 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-100
SECTION 20-4-100. Responsibilities of law enforcement officer.
Status: in_force

The primary duty of a law enforcement officer when responding to a domestic abuse incident is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In such incidents, the law enforcement officer must take the following protective measures: (a) Notify the abused person of the right to initiate criminal proceedings and to seek an order of protection under this chapter. (b) Advise the parties of the importance of preserving evidence. To provide protection to the petitioner and any minor children, the officer may offer or arrange to provide transportation of the abused person to a hospital for treatment of injuries or to a place of shelter or safety and to accompany the abused person to his or her residence to allow for the removal of clothing, medication, and such personal property as is reasonably necessary.
S.C. Code Ann. § 20-3-440 — SC Code / Title 20 / Chapter 3 / Article 3 / Section 20-3-440
SECTION 20-3-440. Construction.
Status: in_force

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact substantially identical legislation.
S.C. Code Ann. § 20-1-250 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-250
SECTION 20-1-250. Applicants under age of consent; consent of relative or guardian.
Status: in_force

A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage.
S.C. Code Ann. § 20-3-610 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-610
SECTION 20-3-610. Spousal equity and ownership rights.
Status: in_force

During the marriage a spouse shall acquire, based upon the factors set out in Section 20-3-620, a vested special equity and ownership right in the marital property as defined in Section 20-3-630, which equity and ownership right are subject to apportionment between the spouses by the family courts of this State at the time marital litigation is filed or commenced as provided in Section 20-3-620. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-471.
S.C. Code Ann. § 20-3-90 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-90
SECTION 20-3-90. Attempt at reconciliation.
Status: in_force

In all cases referred to a master or special referee, such master or special referee shall, except in default cases, summon the party or parties within the jurisdiction of the court before him and shall in all cases make an earnest effort to bring about a reconciliation between the parties if they appear before him. No judgment of divorce shall be granted in such case unless the master or special referee to whom such cause may have been referred shall certify in his report or, if the cause has not been referred, unless the trial judge shall state in the decree that he has attempted to reconcile the parties to such action and that such efforts were unavailing.
S.C. Code Ann. § 20-4-375 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-375
SECTION 20-4-375. Filing false protection order; criminal penalty; civil liability.
Status: in_force

(A) A person who knowingly or wilfully makes, presents, files, or attempts to file a false, fictitious, or fraudulent foreign protection order is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, in the discretion of the court. (B) If a family court determines that a person has knowingly or wilfully made, presented, filed, or attempted to file a false, fictitious, or fraudulent foreign protection order, the respondent is entitled to recover from the person who made, presented, filed, or attempted to file the report such relief as may be appropriate, including: (1) actual damages; (2) punitive damages; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred.
S.C. Code Ann. § 20-3-40 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-40
SECTION 20-3-40. Married person deemed of age.
Status: in_force

Any married person shall, for the purpose of maintaining or defending an action for divorce and the settlement of property rights arising thereunder, be deemed of age.
S.C. Code Ann. § 20-3-640 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-640
SECTION 20-3-640. Declining values of contributions.
Status: in_force

In determining the value of contributions prior to making an equitable apportionment, the court: (1) shall make findings of fact from credible evidence of the values of property and services, if any; (2) is empowered to take judicial notice of official reports of the federal and state governments, including official bulletins, publications, and reports of general public interest where these reports are made and published by authority of law or have been adopted by state statute; (3) has the authority to appoint experts as necessary for the purpose of valuation of property and contributions and to assess the cost against any or all parties to the action. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-474.
S.C. Code Ann. § 20-3-145 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-145
SECTION 20-3-145. Attorney fee to constitute lien; payment to estate.
Status: in_force

In any divorce action any attorney fee awarded by the court shall constitute a lien on any property owned by the person ordered to pay the attorney fee and such attorney fee shall be paid to the estate of the person entitled to receive it under the order if such person dies during the pendency of the divorce action.
S.C. Code Ann. § 20-5-10 — SC Code / Title 20 / Chapter 5 / Section 20-5-10
SECTION 20-5-10. Powers of wife as to property and contracts generally.
Status: in_force

A married woman may purchase any species of property in her own name and take proper legal conveyances therefor and may bind herself by contract in the same manner and to the same extent as though she were unmarried. All such contracts shall be legal and obligatory and may be enforced at law or in equity by or against such married woman in her own name, apart from her husband.
S.C. Code Ann. § 20-4-120 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-120
SECTION 20-4-120. Actions not affecting right to relief.
Status: in_force

The petitioner's right to relief under this chapter is not affected by leaving the residence or household to avoid further abuse. The petitioner's right to relief under this chapter is not affected by the use of such physical force against the respondent as is reasonably believed by the petitioner to be necessary to defend the petitioner or others from imminent physical injury or abuse.
S.C. Code Ann. § 20-1-375 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-375
SECTION 20-1-375. Marriage license fee.
Status: in_force

In addition to the marriage license fee authorized pursuant to Section 20-1-230, there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160.
S.C. Code Ann. § 20-3-430 — SC Code / Title 20 / Chapter 3 / Article 3 / Section 20-3-430
SECTION 20-3-430. Prima facie evidence of domicile.
Status: in_force

Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this State within twelve months prior to the commencement of the proceeding therefor and resumed residence in this State within eighteen months after the date of his departure therefrom or (b) at all times after his departure from this State and until his return maintained a place of residence within this State shall be prima facie evidence that the person was domiciled in this State when the divorce proceeding was commenced. But the provisions of this section shall not apply in cases of divorce when the decree of divorce was issued prior to June 3, 1950.
S.C. Code Ann. § 20-5-50 — SC Code / Title 20 / Chapter 5 / Section 20-5-50
SECTION 20-5-50. Requisites of marriage contracts, deeds, and settlements.
Status: in_force

All marriage contracts, deeds and settlements shall therein describe, specify and particularize the real and personal estate thereby intended to be included, comprehended, conveyed and passed or shall have a schedule thereto annexed containing a description and the particulars and articles of the real and personal estate intended to be conveyed and passed by such marriage contracts, deeds and settlements. Any such schedule shall be annexed to the contract, deed or other settlement paper, signed, executed and delivered by the parties therein interested at the time of the signing, executing and delivering the marriage contract, deed or settlement, be subscribed by the same witness who subscribed the marriage contract, deed or settlement and be recorded therewith; otherwise, and in default of such schedule and recording thereof as aforesaid, the marriage contract, deed or settlement shall be deemed and declared to be fraudulent, null and void with respect to and against creditors and bona fide purchasers or mortgagees.
S.C. Code Ann. § 20-4-20 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-20
SECTION 20-4-20. Definitions.
Status: in_force

As used in this chapter: (a) "Abuse" means: (1) physical harm, bodily injury, assault, or the threat of physical harm; (2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. For validity of (b), see Editors' Notes below. (b) "Household member" means: (i) a spouse; (ii) a former spouse; (iii) persons who have a child in common; (iv) a male and female who are cohabiting or formerly have cohabited. (c) "Court" means the Family Court. (d) "Petitioner" means the person alleging abuse in a petition for an order of protection. (e) "Respondent" in a petition for an order of protection means the person alleged to have abused another or a person alleged to have aided and abetted such abuse. (f) "Order of protection" means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard. Validity For validity of (b) of this section, see Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017), rehearing granted (Nov. 17, 2017).
S.C. Code Ann. § 20-3-660 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-660
SECTION 20-3-660. Court's authority to achieve equitable apportionment.
Status: in_force

(A) The court may direct a party to execute and deliver any deed, bill of sale, note, mortgage, or other document necessary to carry out its order of equitable apportionment. If a party so directed fails to comply, the court may direct the clerk of court in the county in which the property involved is situate to execute and deliver the document, and this performance by the clerk is as effective as the performance of the party would have been. The court in making an equitable apportionment may order the public or private sale of all or any portion of the marital property upon terms it determines. (B) The court may utilize any other reasonable means to achieve equity between the parties, which means are subject to and may not be inconsistent with the other provisions of this article and may include making a monetary award to achieve an equitable apportionment. Any monetary award made does not constitute a payment which is treated as ordinary income to the recipient under either the provisions of Chapter 6, Title 12 or, to the extent lawful, under the United States Internal Revenue Code. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-476.
S.C. Code Ann. § 20-1-20 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-20
SECTION 20-1-20. Persons who may perform marriage ceremony.
Status: in_force

Only ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State.
S.C. Code Ann. § 20-3-20 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-20
SECTION 20-3-20. Effect of collusion.
Status: in_force

If it shall appear to the satisfaction of the court that the parties to any divorce proceeding colluded or that the act complained of was done with the knowledge or assent of the plaintiff for the purpose of obtaining a divorce the court shall not grant such divorce.
S.C. Code Ann. § 20-4-310 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-310
SECTION 20-4-310. Citation of article.
Status: in_force

This article may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".
S.C. Code Ann. § 20-1-380 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-380
SECTION 20-1-380. Disposition of fines.
Status: in_force

All fines imposed and recovered for any violation of this article shall be paid to the county treasurer and credited by him to the school fund of the county in which the violation occurs.
S.C. Code Ann. § 20-1-340 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-340
SECTION 20-1-340. Record of license and certificate kept by probate judge or clerk of court.
Status: in_force

The probate judge or clerk of court who issued any such license shall, upon the return of the two copies to him by the person who performs the wedding ceremony, record and index such certificate in a book kept for that purpose and send one copy to the Division of Vital Statistics of the Department of Health and Environmental Control within fifteen days after the marriage license is returned to his offices. The judge of probate shall issue a certified copy of any such license and certificate to any person and he may charge the sum of fifty cents for so doing unless otherwise prohibited by law.
S.C. Code Ann. § 20-1-280 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-280
SECTION 20-1-280. Penalty for furnishing false affidavit.
Status: in_force

Any person furnishing the probate judge or any other officer authorized under the law to issue marriage licenses with a false affidavit shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of one hundred dollars.
S.C. Code Ann. § 20-3-630 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-630
SECTION 20-3-630. Marital property; nonmarital property.
Status: in_force

(A) The term "marital property" as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-3-620 regardless of how legal title is held, except the following, which constitute nonmarital property: (1) property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse; (2) property acquired by either party before the marriage and property acquired after the happening of the earliest of: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (3) property acquired by either party in exchange for property described in items (1) and (2) of this section; (4) property excluded by written contract of the parties. "Written contract" includes any antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets; (5) any increase in value in nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage. Interspousal gifts of property, including gifts of property from one spouse to the other made indirectly by way of a third party, are marital property which is subject to division. (B) The court does not have jurisdiction or authority to apportion nonmarital property. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-473.
S.C. Code Ann. § 20-4-160 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-160
SECTION 20-4-160. Domestic Violence Fund.
Status: in_force

(A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State. (B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must: (1) have been in operation on the preceding July 1 and continue to be in operation; and (2) offer the following services: (a) a twenty-four hour hotline; (b) transportation services; (c) community education programs; (d) daytime services, including counseling; and (e) other criteria as may be established by the department. (C) The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund.
S.C. Code Ann. § 20-3-30 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-30
SECTION 20-3-30. Residence requirement.
Status: in_force

In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.
S.C. Code Ann. § 20-1-60 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-60
SECTION 20-1-60. Marriage of parents legitimates illegitimate children.
Status: in_force

If the parents of an illegitimate child subsequently marry, the child shall become legitimate as if born in lawful wedlock and, as to the child so legitimated, all limitations imposed by law upon the amount of property that may be given illegitimate children by deed, will, inheritance or otherwise shall be removed. The provisions of this section shall be retroactive to the extent that they shall apply in all cases in which prior to May 2, 1951, the parents of an illegitimate child shall have married and the father and such child shall have been living on said date.
S.C. Code Ann. § 20-1-70 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-70
SECTION 20-1-70. Name of children legitimized after marriage of parents.
Status: in_force

Any child legitimized under the provisions of Section 20-1-60 shall take the name of his father unless the child has been previously adopted as otherwise provided by law and unless his name has been changed in the decree of adoption, in which case he shall retain the name given him in the decree.
S.C. Code Ann. § 20-5-40 — SC Code / Title 20 / Chapter 5 / Section 20-5-40
SECTION 20-5-40. Earnings and income of married women.
Status: in_force

All the earnings and income of a married woman shall be her own separate estate and shall be governed by the same provisions of law as apply to her other separate estate.
S.C. Code Ann. § 20-1-580 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-580
SECTION 20-1-580. Effect of establishment of official record of marriage and record.
Status: in_force

The record herein permitted, when so established, shall be accepted by all the courts in this State as conclusive evidence of the marriage and shall be of the same force and effect as the records now required by law. The judge of probate or other officer whose duty it is to record and file such records shall purchase, out of county funds in his hands or by requisition upon the proper county official, a suitable book for the proper recording of marriages proved as provided in Section 20-1-570.
S.C. Code Ann. § 20-4-65 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-65
SECTION 20-4-65. Order of protection from domestic abuse; filing fee.
Status: in_force

A person seeking an order of protection from domestic abuse pursuant to the provisions of this chapter is not required to pay the filing fee as provided in Section 8-21-310(C)(1).
S.C. Code Ann. § 20-1-700 — SC Code / Title 20 / Chapter 1 / Article 7 / Section 20-1-700
SECTION 20-1-700. Short title.
Status: in_force

This act may be cited as the "South Carolina Family Respect Act".
S.C. Code Ann. § 20-1-520 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-520
SECTION 20-1-520. Affirmation of marriage if validity has been denied or doubted.
Status: in_force

When the validity of a marriage shall be denied or doubted by either of the parties, the other may institute a suit for affirming the marriage and, upon due proof of the validity thereof, it shall be decreed to be valid and such decree shall be conclusive upon all persons concerned.
S.C. Code Ann. § 20-4-360 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-360
SECTION 20-4-360. Immunity.
Status: in_force

This State or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this article.
S.C. Code Ann. § 20-3-60 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-60
SECTION 20-3-60. Venue.
Status: in_force

Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides.
S.C. Code Ann. § 20-4-370 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-370
SECTION 20-4-370. Remedies available to protected individual.
Status: in_force

A protected individual who pursues remedies under this article is not precluded from pursuing other legal or equitable remedies against the respondent.
S.C. Code Ann. § 20-3-410 — SC Code / Title 20 / Chapter 3 / Article 3 / Section 20-3-410
SECTION 20-3-410. Short title.
Status: in_force

This article may be cited as the "Uniform Divorce Recognition Act."
S.C. Code Ann. § 20-3-620 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-620
SECTION 20-3-620. Apportionment factors.
Status: in_force

(A) In a proceeding for divorce a vinculo matrimonii or separate support and maintenance, or in a proceeding for disposition of property following a prior decree of dissolution of a marriage by a court which lacked personal jurisdiction over an absent spouse or which lacked jurisdiction to dispose of the property, and in other marital litigation between the parties, the court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings. (B) In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the parties; (2) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (3) the value of the marital property, whether the property be within or without the State. The contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; provided, that the court shall consider the quality of the contribution as well as its factual existence; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) the need of each spouse or either spouse for additional training or education in order to achieve that spouses's income potential; (7) the nonmarital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of any particular form of equitable apportionment; (12) the existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party; (13) liens and any other encumbrances upon the marital property, which themselves must be equitably divided, or upon the separate property of either of the parties, and any other existing debts incurred by the parties or either of them during the course of the marriage; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order. (C) The court's order as it affects distribution of marital property shall be a final order not subject to modification except by appeal or remand following proper appeal. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-472.
S.C. Code Ann. § 20-4-50 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-50
SECTION 20-4-50. Hearing on petition.
Status: in_force

(a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause for purposes of this section. (b) If the court denies the motion for a twenty-four-hour hearing or such a hearing is not requested, the petitioner may request and the court must grant a hearing within fifteen days of the filing of a petition. The court must cause a copy of the petition to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
S.C. Code Ann. § 20-3-690 — SC Code / Title 20 / Chapter 3 / Article 5 / Section 20-3-690
SECTION 20-3-690. Subject matter jurisdiction over contracts.
Status: in_force

The family courts of this State have subject matter jurisdiction over all contracts relating to property which is involved in a proceeding under this article and over the construction and enforcement of those contracts. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-479.
S.C. Code Ann. § 20-3-160 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-160
SECTION 20-3-160. Care, custody, and maintenance of children.
Status: in_force

In any action for divorce from the bonds of matrimony the court may at any stage of the cause, or from time to time after final judgment, make such orders touching the care, custody and maintenance of the children of the marriage and what, if any, security shall be given for the same as from the circumstances of the parties and the nature of the case and the best spiritual as well as other interests of the children may be fit, equitable and just.
S.C. Code Ann. § 20-5-80 — SC Code / Title 20 / Chapter 5 / Section 20-5-80
SECTION 20-5-80. Validation of certain deeds subsequent to April 16, 1868.
Status: in_force

All deeds and conveyances made since April 16, 1868, whereby lands and tenements which were the estate of their husbands have been conveyed to married women and which have been duly recorded in the office of the register of deeds or clerk of court for the county in which such lands and tenements are situate shall be deemed good and effectual in the law, to all intents and purposes, as if the same had been recorded in the office of the Secretary of State within the time prescribed by law, anything to the contrary thereof in any wise notwithstanding.
S.C. Code Ann. § 20-3-150 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-150
SECTION 20-3-150. Segregation of allowance between spouse and children; effect of remarriage of spouse.
Status: in_force

If the court awards the custody of the children to the spouse receiving alimony the court, by its decree, unless good cause to the contrary be shown, shall allocate any award for permanent alimony and support between the supported spouse and the children and upon the remarriage or continued cohabitation of the supported spouse the amount fixed in the decree for his or her support shall cease, and no further alimony payments may be required from the supporting spouse. For purposes of this section and unless otherwise agreed to in writing by the parties, "continued cohabitation" means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
S.C. Code Ann. § 20-1-510 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-510
SECTION 20-1-510. Jurisdiction to determine validity of marriage.
Status: in_force

The court of common pleas shall have authority to hear and determine any issue affecting the validity of a contract of marriage.
S.C. Code Ann. § 20-1-710 — SC Code / Title 20 / Chapter 1 / Article 7 / Section 20-1-710
SECTION 20-1-710. Legislative purpose.
Status: in_force

The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.
S.C. Code Ann. § 20-1-570 — SC Code / Title 20 / Chapter 1 / Article 5 / Section 20-1-570
SECTION 20-1-570. Establishment of official record of marriages.
Status: in_force

An official record of any marriage contracted in this State prior to June 30, 1911 or of any marriage so contracted subsequent to said date when a certificate of the performance thereof has not been filed may be made and established in the manner hereinafter prescribed. The official record of marriage may be established by filing with the official whose duty it is to record marriages in the county in which the marriage was contracted (a) an affidavit of one or more of the witnesses to the marriage, (b) an affidavit of two or more reputable persons who were informed of the marriage and have knowledge that the persons so claiming to be married have lived together as husband and wife or (c) a certificate from the person officiating at the marriage if he were a minister of the Gospel or person qualified by law to administer an oath. No more than the sum of one dollar shall be charged by the recording official for the establishment of such record.
S.C. Code Ann. § 20-4-30 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-30
SECTION 20-4-30. Jurisdiction.
Status: in_force

(A) The family court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60(a)(1). (B) Except as provided in subsection (C), actions for an order of protection must be filed in the county in which: (1) the alleged act of abuse occurred; (2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State; (3) the respondent resides, unless the respondent is a nonresident of the State; or (4) the parties last resided together. (C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county. (2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B). (3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county. (D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred.
S.C. Code Ann. § 20-4-40 — SC Code / Title 20 / Chapter 4 / Article 1 / Section 20-4-40
SECTION 20-4-40. Petition for order of protection.
Status: in_force

There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member. (a) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members. (b) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified. (c) The petition must inform the respondent of the right to retain counsel. (d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action. A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed. (e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis. (f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.
S.C. Code Ann. § 20-4-350 — SC Code / Title 20 / Chapter 4 / Article 3 / Section 20-4-350
SECTION 20-4-350. Registration; presentation to family court; affidavit of currency; entry in state or federal registry; fee.
Status: in_force

(A) Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall present a certified copy of the order to the family court. (B) Upon receipt of a foreign protection order, the family court shall register the order in accordance with this section. After the order is registered, the family court shall furnish to the individual registering the order a certified copy of the registered order. (C) The family court shall register an order upon presentation of a copy of a protection order, which has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State. (D) An individual registering a foreign protection order shall file an affidavit by the protected individual in the family court stating that, to the best of the protected individual's knowledge, the order is currently in effect. (E) A foreign protection order registered under this article may be entered in any existing state or federal registry of protection orders, in accordance with applicable law. (F) A fee may not be charged for the registration of a foreign protection order.
S.C. Code Ann. § 20-1-40 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-40
SECTION 20-1-40. Cohabitation prior to emancipation as marriage; children.
Status: in_force

The children of such marriages shall be deemed legitimate and when the parties shall have ceased to cohabit, in consequence of the death of the woman or from any other cause, all the children of the woman, recognized by the man to be his, shall be deemed legitimate.
S.C. Code Ann. § 20-3-210 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-210
SECTION 20-3-210. Unlawful advertising for purpose of procuring divorce.
Status: in_force

It shall be unlawful for any person to print, publish, distribute or circulate or cause to be printed, published, distributed or circulated any card, handbill, advertisement, printed paper, book, newspaper or notice of any kind offering or otherwise to advertise to procure, attempt to procure or aid in procuring any divorce either in this State or elsewhere. But this section shall not apply to the printing or publishing of any notice or advertisement required or authorized by the laws of this State.
S.C. Code Ann. § 20-1-100 — SC Code / Title 20 / Chapter 1 / Article 1 / Section 20-1-100
SECTION 20-1-100. Minimum age for valid marriage.
Status: in_force

Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.
S.C. Code Ann. § 20-1-370 — SC Code / Title 20 / Chapter 1 / Article 3 / Section 20-1-370
SECTION 20-1-370. Disposition of license fee.
Status: in_force

Of the fee of one dollar required under the provisions of Section 20-1-230 the probate judge shall retain twenty-five cents as his compensation and the remaining seventy-five cents shall be paid into the county treasury and go to the school fund of the county, except that: (1) in Clarendon County the entire fee of one dollar shall be collected in advance and paid monthly by the officer collecting it to the county treasurer for credit to the ordinary funds of said county, in such manner as may be required by law; (2) in Richland and Sumter Counties the entire fee of one dollar shall be paid to the county treasury; (3) in Oconee County the probate judge shall retain the sum of fifty cents as his compensation and the remaining fifty cents shall be paid into the county treasury and credited to the general fund of the county; (4) in the counties of Bamberg, Greenville, Lancaster and Lee the probate judge shall retain the sum of fifty cents as his compensation; (5) in the counties of Allendale, Barnwell, Calhoun, Chester, Chesterfield, Dorchester, Fairfield, Florence, Greenwood, Hampton, McCormick and Marion the probate judge and in Darlington County the clerk of court shall retain the entire fee as his compensation; and (6) in Marlboro County the license fee of one dollar shall be turned over monthly by the judge of probate to the county treasurer and go to the general fund of the county.
S.C. Code Ann. § 20-3-230 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-230
SECTION 20-3-230. Clerks of court shall file reports of divorces and annulments with Division of Vital Statistics.
Status: in_force

Whenever a divorce or annulment is decreed by a court having jurisdiction, the clerk of court shall, no later than thirty days following the filing of the final decree, send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on a certificate to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control.
S.C. Code Ann. § 20-3-125 — SC Code / Title 20 / Chapter 3 / Article 1 / Section 20-3-125
SECTION 20-3-125. Petition to enforce award of attorney fee.
Status: in_force

Any attorney whose client has been awarded an attorney fee by the family court may petition the family court for the circuit in which the order was filed to enforce the payment of such fee.