Most people don’t realize how many different situations “abandonment” covers in South Carolina. It’s not just about a spouse walking out. It touches child safety, tenant rights, and even how courts divide property in a divorce.
If you’re dealing with a situation where someone has walked away from their responsibilities, this guide is for you. We’ll break down exactly what the law says, what it means, and what you can do about it.
What Is Abandonment Under South Carolina Law?
Abandonment basically means someone walked away from a legal responsibility. That could be a parent leaving a child, a spouse leaving a marriage, or even a tenant leaving a rental.
South Carolina law doesn’t use one single definition for all situations. Instead, different laws cover different types. Knowing which one applies to you is the first step.
Pretty straightforward, right? Let’s go through each type.
Spousal Abandonment and Divorce
What Counts as Spousal Abandonment?
Okay, this one’s important. In South Carolina, spousal abandonment is legally called “desertion.” It is one of five official grounds for a fault-based divorce in the state.
The other four fault grounds are adultery, physical cruelty, habitual drunkenness, and no-fault separation. Desertion stands apart because it means one spouse made a deliberate choice to leave without the other’s agreement.
Wondering what exactly makes it “desertion” and not just a separation? Here’s the difference. A separation is when both spouses agree to live apart. Desertion is when one spouse leaves on their own without the other’s consent and with no plans to return.
The One-Year Rule
Stay with me here, because this part matters a lot.
South Carolina requires that the abandonment last for at least one full year before you can use it as grounds for divorce. Your spouse could leave for nine months and then come back. That does not legally count as desertion.
You also need to prove three things. First, your spouse left intentionally. Second, you did not agree to the separation. Third, your spouse provided no support during that time.
Not sure if your situation qualifies? That’s exactly why talking to a family law attorney matters. The details make a huge difference here.
How Desertion Affects Divorce Outcomes
Here’s where it gets interesting. Filing for divorce based on desertion isn’t just about ending the marriage. It can actually shape how a judge divides everything.
South Carolina courts consider fault when deciding property division and alimony. Marital property doesn’t have to be split 50/50 here. The court divides it “equitably,” which means fairly, not necessarily equally. If your spouse deserted you, a judge may award you a larger share of marital assets.
With alimony, the abandoned spouse generally has stronger odds of receiving support. If you were the lower-earning spouse and your partner left without providing for you, the court is more likely to order alimony payments. On the flip side, the spouse who left and set up a household with a romantic partner while still married will likely not receive any alimony at all.
Honestly, this is the part most people miss. They think abandonment just gets them a divorce faster. But it can actually shift the financial outcome significantly.
Child Abandonment Laws
The Legal Definition
Child abandonment in South Carolina is defined by state law as a parent or guardian willfully deserting a child or giving up physical custody without making proper arrangements for the child’s care and needs.
The key word is “willfully.” That means it was a deliberate choice, not an accident or emergency.
Most people assume this is obvious. They find out the law is stricter than they expected. Don’t be caught off guard.
Criminal Penalties for Abandoning a Child
Hold on, this part is serious.
Willfully abandoning a child is a felony under South Carolina Code Section 63-5-70. A conviction can result in up to 10 years in prison. There is no mandatory minimum set by the statute, but judges have full discretion to impose fines as well.
Think of it like this: it’s not a slap on the wrist. It is a serious felony charge that can follow you for life.
Separately, under Section 63-5-20, any parent who abandons their spouse or minor child without just cause and fails to provide reasonable financial support can be charged with a misdemeanor. That conviction carries up to one year in jail, a fine between $300 and $1,500, or both.
So yes, the law treats child abandonment as a serious crime with real consequences.
Abandonment and Termination of Parental Rights
You’re not alone if this part confuses you. Many parents don’t realize that abandonment can cost them their parental rights permanently.
Under South Carolina law, a parent can have their parental rights terminated if they have abandoned a child as defined by the state code. Additionally, a parent who fails to visit a child for at least six months or fails to provide financial support for at least six months can also face termination proceedings.
These aren’t automatic. A family court judge must review the case and decide based on what is in the best interest of the child. But abandonment is one of the recognized grounds listed in state law.
Daniel’s Law: The Safe Haven for Newborns
This one surprised me when I first learned about it. South Carolina has a law called Daniel’s Law, named after an infant found in a landfill in Allendale County shortly after birth. He survived and was cared for by nurses who named him Daniel.
The law was created to prevent exactly that kind of dangerous situation from happening again.
Under Daniel’s Law, a parent can safely surrender a newborn up to 60 days old at a designated safe haven location without facing criminal prosecution for abandonment. Safe havens include hospitals, law enforcement agencies, fire stations, EMS stations, and houses of worship when staffed.
The parent must hand the baby directly to a staff member or employee. Simply leaving the baby unattended does not qualify. If the baby has been harmed in any way, the protection from prosecution may not apply.
After a safe surrender, the state’s Department of Social Services takes legal custody and begins the process of placing the child in a foster home with the goal of adoption.
Tenant Property Abandonment
Here’s a type of abandonment that affects a completely different group of people: landlords and tenants.
When Is a Rental Considered Abandoned?
Under South Carolina law, a tenant is considered to have abandoned a rental property when they have been absent for 15 consecutive days after failing to pay rent. That specific combination of factors, no rent plus no presence for 15 days, triggers the legal definition.
Wondering if your tenant just went on vacation? That’s different. The law looks at both the absence and the unpaid rent together.
What Landlords Can Do
Once a landlord determines abandonment, they must send written notice to the tenant’s last known address. The notice has to describe any personal property left behind and give the tenant a deadline to claim their belongings.
For abandoned property worth $500 or less, South Carolina landlords can dispose of it without additional legal steps. For items worth more than $500, the rules are stricter. Landlords must follow the procedures in state code, which may include a public sale or auction. Any money left over after covering unpaid rent and costs must be reported to the South Carolina State Treasurer’s Office.
This law protects both sides. Tenants get notice and a chance to claim their property. Landlords get a clear process to follow without risking a lawsuit.
Failing to Support a Spouse or Child
This one doesn’t get talked about enough.
South Carolina Code Section 63-5-20 makes it a crime for any able-bodied person to abandon their spouse or minor child and fail to provide reasonable financial support without just cause. This is a misdemeanor charge.
It applies to both husbands and wives. It covers both legitimate and illegitimate children. And it can result in jail time up to one year, a fine between $300 and $1,500, or both.
The court also has the power to direct a portion of any fine collected to support the abandoned spouse or children directly.
Recent Law Changes to Know in 2025 and 2026
South Carolina’s divorce-related laws are in the middle of some significant updates. The state legislature introduced reforms in 2025 that aim to change how alimony works going forward.
Under proposed changes being considered in 2025 and 2026, indefinite alimony awards could be eliminated. Instead, alimony amounts and durations would be tied more closely to the length of the marriage. This is a major shift from the current system, where judges have very broad discretion.
New rules around marital property are also being discussed. Under the proposed standards, clear evidence of intent would be required to show that separate property was converted into marital property.
If you are going through a divorce involving abandonment right now, these changes are worth knowing about. Talk to an attorney who is up to date on current South Carolina law.
How to Protect Yourself
If your spouse has abandoned you, document everything from the start. Save text messages, emails, and any other communication that shows they left intentionally and without your consent. Keep records of all expenses you have covered on your own during the separation.
If you believe a child has been abandoned, contact law enforcement or the Department of Social Services right away. Do not wait.
If you are a landlord dealing with an abandoned rental, follow the written notice process and keep copies of everything you send. Acting without following the proper steps can expose you to legal liability.
And if you are in a crisis situation with a newborn, Daniel’s Law exists to protect you. Any hospital, fire station, or law enforcement office is a safe haven. You will not be prosecuted.
Frequently Asked Questions
How long does a spouse have to be gone for it to count as abandonment in South Carolina?
Your spouse must have been gone for at least one full year without your consent and without providing financial support. Anything less than a year does not qualify as legal desertion.
Can I file for divorce right away if my spouse abandoned me?
No. You still need to wait until the full one-year period has passed before filing on the grounds of desertion. However, you can speak with an attorney immediately to start gathering evidence and protecting your rights.
Does child abandonment always result in felony charges?
It depends on the circumstances. Willfully abandoning a child and placing them at risk of harm is a felony with up to 10 years in prison. Failing to provide financial support without physically deserting the child may be charged as a misdemeanor instead.
What is the difference between abandonment and separation in South Carolina?
A separation is a mutual agreement to live apart. Abandonment is one spouse leaving without the other’s consent and with no plans to return. The key difference is whether both parties agreed to the arrangement.
Can I use Daniel’s Law even if the father of the baby doesn’t agree?
Yes. Daniel’s Law applies to a parent or someone acting at a parent’s direction. The baby must be 60 days old or younger and must be handed directly to a staff member at a designated safe haven location.
What happens to my parental rights if I use Daniel’s Law?
Surrendering a baby through Daniel’s Law is treated as conclusive evidence that the requirements for termination of parental rights have been satisfied. DSS will seek to place the child for adoption.
Can a landlord just throw away a tenant’s belongings after they leave?
Only if the items are worth $500 or less. For higher-value property, landlords must follow the formal legal process, which may include a public sale and reporting any surplus funds to the state.
Final Thoughts
Abandonment in South Carolina covers more ground than most people expect. A spouse walking out, a parent leaving a child, a tenant skipping out on rent, all of these situations have specific laws that apply.
Knowing those laws puts you in a much better position to protect yourself and your family. Whether you are seeking a fault-based divorce, trying to protect a child, or navigating a landlord situation, the rules are there to help you.
When in doubt, talk to a family law attorney. The details of your specific situation matter, and a qualified lawyer can help you understand what options are actually available to you.
References
- S.C. Code Ann. § 63-7-20 – Child Abandonment Definition
- S.C. Code Ann. § 63-5-70 – Unlawful Conduct Toward a Child
- S.C. Code Ann. § 63-5-20 – Obligation to Support
- Daniel’s Law – SC Department of Social Services Safe Haven Program
- S.C. Code Ann. § 20-3-10 – Grounds for Divorce in South Carolina
- S.C. Code Ann. § 27-37-10 to 27-37-150 – Tenant Abandonment and Property
- 2025-2026 SC Legislature Bill 3098 – Alimony Reform
