How to File for Divorce in South Carolina
Divorces in South Carolina are filed in the Family Court for the proper county. South Carolina uses equitable distribution and offers both no-fault and fault paths. Most people finalize on paperwork plus a brief hearing once eligibility and disclosures are in order.
Requirements to File
At least one spouse must be a South Carolina resident. If both spouses live in South Carolina, residency for three months before filing is enough. If only one spouse lives here, that spouse must have one year of residency before filing. File in the Family Court for the county where the defendant resides, where the spouses last lived together, or, in certain circumstances, where the plaintiff resides. For the common no-fault path, spouses must have lived separate and apart for one continuous year before the court can grant the divorce.
Step-by-Step Process
Step 1: Choose your ground and prepare forms. For a cooperative case, plan a no-fault (one-year separation) filing with a proposed settlement. Otherwise, use a fault ground. Prepare a Summons and Complaint, Financial Declarations, and, if you have children, a Parenting Plan. No-fault cases generally need a corroborating witness at the final hearing to confirm the one-year separation.
Step 2: File with the clerk. File your packet with the Family Court clerk. Pay the filing fee or request an in forma pauperis waiver if payment is a hardship. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse. Use sheriff, process server, or certified mail where allowed, or obtain a signed Acceptance of Service. If you cannot locate your spouse after diligent search, request alternate service (for example, publication). Keep your proof of service.
Step 4: Track deadlines and disclosures. A defendant generally has 30 days after service to answer (longer if served out of state). Exchange complete, organized financials early to streamline settlement and any support calculations.
Step 5: Settle or set a hearing. If you settle, submit a signed Marital Settlement Agreement, parenting orders if applicable, and a proposed Final Order and Decree of Divorce. The court will schedule a final hearing; your corroborating witness should attend for no-fault cases.
Step 6: Receive the final decree. After the hearing and review, the judge issues a Final Order and Decree of Divorce addressing property/debt division, alimony if any, custody/parenting time, child support, and any name change. Obtain certified copies to update accounts and benefits.
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FAQs
Do we have to be separated before filing in South Carolina?
You can file on fault grounds without a year of separation, but the most common no-fault divorce requires one year of continuous separation before the court can grant it.
Which court handles divorces in South Carolina?
The Family Court for the proper county based on residency and venue rules.
How long does a South Carolina divorce take?
Cooperative no-fault cases often finalize soon after the hearing once the one-year separation has been met, disclosures are complete, and the 30-day answer window has passed.
