How to File for Divorce in South Carolina

Filing for divorce in South Carolina doesn't require a lawyer if both parties agree. This guide walks you through the entire process of filing for an uncontested, no-fault divorce in South Carolina.

Quick Overview: South Carolina Divorce

South Carolina is a No-fault + fault state with Equitable Distribution for property division.

Step-by-Step: How to File for Divorce in South Carolina

Step 1: Make Sure You Meet the Residency Requirement

To file for divorce in South Carolina, you or your spouse must have been a resident of the state for 12 months before filing.

You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.

Step 2: Gather Required Documents

Before you file, collect:

• Marriage certificate (original or certified copy)
• Financial records: tax returns, pay stubs, bank statements, investment accounts
• Property records: deeds, mortgage statements, vehicle titles
• Debt information: credit cards, loans, mortgages
• Child custody information (if you have minor children): birth certificates, school records, childcare costs

Step 3: Complete the Divorce Forms

In South Carolina, you'll need to complete:

• Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
• Summons — Legal notice to your spouse
• Financial affidavits — Income, expenses, assets, and debts
• Child custody and support forms (if applicable)
• Property division worksheets

You can get these forms from:

• South Carolina court websites (search "South Carolina divorce forms")
• Your local family court clerk's office
• Legal aid organizations in South Carolina

Step 4: File Your Forms with the Court

Once your forms are complete, file them with the South Carolina family court (also called circuit court, superior court, or district court depending on the county).

Filing Fee: 50 (non-refundable)

If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.

Step 5: Serve Your Spouse

After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.

In South Carolina, acceptable methods include:

• Sheriff or process server — Most common method
• Certified mail (in some cases)
• Personal delivery by a non-party adult (not you)
• Acceptance of service — Your spouse signs a form acknowledging receipt

You cannot serve the papers yourself. You must use one of the approved methods under South Carolina law.

Step 6: Wait for Your Spouse's Response

Once served, your spouse has a set amount of time (typically 20-30 days in South Carolina) to file a response or answer.

If your spouse:

• Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
• Disagrees or contests issues: You may need mediation or a contested hearing
• Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)

Step 7: Negotiate and Finalize Settlement

If both parties agree (uncontested divorce), you'll create a settlement agreement covering:

• Property division: Who gets what assets and debts
• Alimony/spousal support: If applicable
• Child custody and visitation: Legal and physical custody arrangements
• Child support: Calculated according to South Carolina guidelines

Step 8: Attend the Final Hearing (if required)

Depending on your county and case, South Carolina may require a final hearing where:

• A judge reviews your settlement agreement
• You answer a few basic questions under oath
• The judge signs the final divorce decree

In some uncontested cases, South Carolina allows the divorce to be finalized without a hearing if all paperwork is correct.

Step 9: Receive Your Divorce Decree

Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.

The divorce is final on the date the decree is signed. You'll receive certified copies for your records.

How Long Does a Divorce Take in South Carolina?

The timeline for divorce in South Carolina depends on several factors:

• Uncontested divorce: 3-12 months (if both parties agree)
• Contested divorce: 6-12+ months (or longer with complex disputes)
• Court backlog: Some counties have delays due to caseloads

How Much Does a Divorce Cost in South Carolina?

DIY uncontested divorce: 50 filing fee + minimal costs for forms/service (under $500 total)

Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)

Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)

Common Questions About South Carolina Divorce

Do I need a lawyer to get divorced in South Carolina?

No. If your divorce is uncontested (both parties agree on everything), you can file yourself without a lawyer. Many people successfully complete simple divorces on their own.

Can I get divorced in South Carolina if my spouse doesn't agree?

Yes. South Carolina allows no-fault divorce, meaning you don't need your spouse's permission. If they contest, it becomes a contested divorce and may require mediation or a trial.

How is property divided in a South Carolina divorce?

South Carolina uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.

What if we have children?

You'll need to create a parenting plan covering custody, visitation, and child support. South Carolina courts prioritize the best interests of the child.

Can I go back to my maiden name?

Yes. You can request a name change as part of your divorce decree at no additional cost in South Carolina.

Next Steps

If you're ready to file for divorce in South Carolina:

1. Gather all required documents (marriage certificate, financial records)
2. Download and complete the divorce forms from your South Carolina court website
3. File the forms with your local family court and pay the 50 filing fee
4. Serve your spouse and wait for their response
5. Follow through with the process until you receive your final divorce decree