South Carolina requires a 1-year separation for no-fault divorce — no exceptions, no shortcuts. You need to live in separate residences for a full year before the court will grant a no-fault divorce. It's one of the longer waiting periods in the country.
If you have fault-based grounds (adultery, desertion, physical cruelty, or habitual drunkenness), you can potentially skip the separation requirement. But proving fault adds its own complications and costs. For most people, waiting out the year is the simpler — if slower — path.
Quick Overview: South Carolina Divorce
South Carolina is a No-fault + fault state with Equitable Distribution for property division.
Key Facts About South Carolina Divorce
- Residency requirement: 12 months
- Filing fee: 50
- Typical timeline: 3-12 months
- Property division: Equitable Distribution
- Grounds: No-fault + fault
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.
Pro Tip: File in the Right County
South Carolina's Family Courts handle all divorce cases. The court provides some self-help resources, but they're not as extensive as some other states. Smaller counties may have limited court dates, so plan ahead.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
South Carolina requires service by the sheriff or process server, or your spouse can accept service. If your spouse can't be located, service by publication is an option.
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
Property Division in South Carolina
South Carolina follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
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.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
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)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About South Carolina Divorce
Do I need a lawyer to get divorced in South Carolina?
South Carolina's 1-year separation requirement means you'll have time to plan. For a straightforward uncontested divorce after the separation, self-filing is feasible. The fault-based route almost always benefits from legal representation.
Can I get divorced in South Carolina if my spouse doesn't agree?
Yes, but you'll need to complete the 1-year separation first. After that, you can file for no-fault divorce without your spouse's agreement. Your spouse can contest property and custody terms but not the divorce itself.
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?
South Carolina courts prioritize the child's best interests. The state considers factors including the child's relationship with each parent, each parent's parenting abilities, and the child's developmental needs.
Can I go back to my maiden name?
Yes, you can request restoration of your maiden name as part of the divorce decree.
Next Steps
If you're ready to file for divorce in South Carolina:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your South Carolina court website
- File the forms with your local family court and pay the 50 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for South Carolina Divorce
- South Carolina Court System: Search "South Carolina family court" for forms and instructions
- Legal Aid: Search "South Carolina legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many South Carolina courts have self-help centers for DIY filers