Reviewed August 2026
Court Hearings in South Carolina
South Carolina divorce cases are heard in Family Court, and either spouse can file a motion for relief while the case is pending, through what state law calls pendente lite orders. S.C. Code 20-3-120 lets a party request alimony and suit money in the complaint, answer, or by petition. The court must allow a reasonable sum if the claim is well-founded. Custody and support for children can also be addressed early. S.C. Code 20-3-160 gives the Family Court authority to make orders touching the care, custody, and maintenance of children at any stage of the case, not just at final judgment. The court bases these orders on the parties' circumstances and the children's best interests. South Carolina channels all these requests through Family Court motion practice. How quickly a pendente lite hearing happens depends on the specific county's Family Court calendar and local scheduling practices.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under South Carolina law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Carolina paperwork. See how Virdix works for California divorces.
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Pendente lite alimony and suit money
Under S.C. Code 20-3-120, either spouse may request alimony and suit money pendente lite. This can happen in the complaint, the answer, or by separate petition. If the court finds the claim well-founded, it must allow a reasonable sum. This pendente lite relief is meant to support a spouse and cover litigation costs while the divorce case is still being litigated. It is separate from any permanent alimony the court considers later under S.C. Code 20-3-130.
Permanent and pendente lite alimony together
S.C. Code 20-3-130 authorizes the Family Court to grant alimony or separate maintenance and support, both pendente lite and permanently. The amounts and terms depend on what the court considers just, given the parties' circumstances and the case's nature. The statute recognizes several forms of alimony. These include periodic, lump-sum, rehabilitative, reimbursement, and separate maintenance and support. The court must weigh a detailed list of factors in setting any award, such as the marriage's duration, each spouse's health and earning potential, and marital fault.
Temporary custody and support of children
S.C. Code 20-3-160 lets the Family Court make orders touching the care, custody, and maintenance of children at any stage of a divorce case, not only at final judgment. These orders must be fit, equitable, and just given the circumstances and the children's interests. This gives either parent a path to seek a temporary custody or child support arrangement early in the case, before the matter is fully litigated.
Attorney fees and suit money during the case
S.C. Code 20-3-130(H) lets the Family Court order one party to pay a reasonable amount toward the other's attorney fees, expert fees, investigation costs, and suit money. This applies both pendente lite and permanently. The court weighs both parties' financial resources and marital fault first. This can cover costs incurred before the case was filed and after judgment. It gives a financially disadvantaged spouse a way to fund the litigation as it proceeds.
How pendente lite motions get scheduled
Pendente lite requests are made by motion within the pending Family Court case. The other spouse then has an opportunity to respond before the court rules. South Carolina's Family Court operates in every county. Each county's Family Court sets its own motion calendar and local scheduling practices. So the pace of a pendente lite hearing depends on the specific court handling the case. Self-represented parties can find general procedural information through the South Carolina Judicial Branch's self-help resources.
Sources: S.C. Code 20-3-120, alimony and suit money pendente lite, S.C. Code 20-3-130, award of alimony and other allowances (pendente lite and permanent), S.C. Code 20-3-160, care, custody, and maintenance of children, South Carolina Judicial Branch, self-help resources
Not independently confirmed
- Whether specific South Carolina counties use hearing officers, masters-in-equity, or standing masters for any Family Court motion calendars was not confirmed county by county for this page.
- Confirm remote hearing availability for Family Court pendente lite motions with the specific county court.
Court Hearings in South Carolina: frequently asked questions
What is pendente lite alimony in South Carolina?+
It is temporary alimony and suit money requested under S.C. Code 20-3-120 while a divorce case is pending. A spouse can request it in the complaint, answer, or by petition, and the court must allow a reasonable sum if the claim is well-founded.
Can I get a temporary custody order before my South Carolina divorce is final?+
Yes. S.C. Code 20-3-160 lets the Family Court make orders touching custody and maintenance of children at any stage of the case, based on the circumstances of the parties and the children's best interests, not only at final judgment.
Can the court order my spouse to pay my attorney fees during a South Carolina divorce?+
Possibly. Under S.C. Code 20-3-130(H), the Family Court can order one party to pay a reasonable amount toward the other's attorney fees, expert fees, and suit money, both pendente lite and permanently, after considering both parties' financial resources and marital fault.
What types of alimony can a South Carolina Family Court award?+
S.C. Code 20-3-130 recognizes periodic alimony, lump-sum alimony, rehabilitative alimony, reimbursement alimony, separate maintenance and support, and other forms the court considers just. The court weighs factors like marriage duration, health, earning potential, and marital fault in choosing among them.
Which court hears divorce cases in South Carolina?+
Family Court, which operates in every South Carolina county and handles divorce, custody, and support matters exclusively. Each county's Family Court sets its own motion calendar and scheduling practices for pendente lite hearings.
Does marital misconduct affect alimony in South Carolina?+
It can. S.C. Code 20-3-130(C) lists marital misconduct or fault as a factor the court considers, if it affected the parties' economic circumstances or contributed to the marriage's breakup, though conduct occurring after certain case milestones, like a pendente lite order, generally is not considered for this purpose.
This page is general information about court hearings in South Carolina, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Carolina's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Carolina. Virdix does not prepare or file South Carolina divorce paperwork. It is not a substitute for an attorney licensed in South Carolina.
More South Carolina divorce guides
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