Divorce in South Carolina: The Complete 2026 Guide

South Carolina Divorce: Fast Facts

How to File for Divorce in South Carolina

South Carolina offers both fault-based and no-fault grounds for divorce. The no-fault route — living separate and apart for one continuous year — is the most common path and requires no proof of wrongdoing. Fault grounds (adultery, physical cruelty, habitual drunkenness or drug abuse, and desertion) allow you to file without waiting a year, but require evidence. Unlike some states, South Carolina requires every divorcing spouse to appear at a final court hearing — there is no affidavit-only "desktop" process for uncontested cases. Uncontested divorces typically complete within 3–5 months after the one-year separation; contested cases can take 12–36 months or longer.

1. Confirm Residency and Separation Requirements

   If both spouses live in South Carolina, the plaintiff must have resided in the state for at least 3 months before filing. If only one spouse is a South Carolina resident, that spouse must have lived here for 1 year before filing. For a no-fault divorce, you must also have lived in completely separate residences — not just separate bedrooms — for one uninterrupted year. Any resumption of cohabitation resets the one-year clock.

2. Choose Your Grounds and Complete the Summons and Complaint

   Your Complaint for Divorce must state your legal grounds. Most couples use the no-fault ground of one-year separation. If filing on a fault ground, your Complaint must allege the specific ground and you will need evidence to support it. You will also complete a Family Court Coversheet, a Financial Declaration (signed and notarized), and a Certificate of Exemption indicating whether all issues have been resolved or are subject to alternative dispute resolution. All forms are available through the South Carolina Judicial Department.

3. File with the Family Court and Pay the Filing Fee

   File your Summons and Complaint with the Family Court Division of the Clerk of Court in the appropriate county. If both parties are South Carolina residents, file in the county where the defendant resides or where both parties last lived together. If the defendant is not a South Carolina resident, file in the county where you (the plaintiff) reside. The filing fee is $150. If you cannot afford the fee, submit Form SCCA 405F (Motion and Affidavit to Proceed In Forma Pauperis) for a waiver.

4. Serve Your Spouse

   South Carolina requires formal service of process. The simplest method is to have your spouse sign an Acceptance of Service form — this waives formal service and eliminates the need for a process server. If your spouse won't sign voluntarily, you may serve by: certified U.S. mail with return receipt, personal service through a private process server, delivery by the county sheriff's office, or a commercial delivery service. Proof of service must be filed with the court. Your spouse then has 30 days to file a Defendant's Answer.

5. Exchange Financial Declarations

   South Carolina's Rules of Family Court require each party to file and serve a current Financial Declaration in any domestic relations action where financial circumstances are at issue. These must be filed and served prior to or at the first hearing — or no later than 45 days after the Complaint is served, whichever comes first. The Financial Declaration must be signed and notarized. Submitting an incomplete or inaccurate Financial Declaration is one of the most common reasons divorces are delayed or rejected by the court.

6. Mediate Contested Issues (Mandatory if Disputes Exist)

   South Carolina family courts require mandatory mediation in all divorce cases where contested issues remain unresolved. Mediation must be attempted before the court will set a trial date. If mediation succeeds, you and your spouse sign a Marital Settlement Agreement (MSA) that will be incorporated into the Final Order of Divorce. If mediation fails on specific issues, those issues proceed to a hearing where the judge decides. Mediation is typically the most cost-effective way to resolve property, support, and custody disputes.

7. Attend the Final Divorce Hearing

   A court hearing is required in every South Carolina divorce — there is no purely paper-based process. The plaintiff must appear in person. For a no-fault uncontested divorce, the hearing is typically scheduled for 15 minutes. The judge will ask questions about your marriage, the separation period, and your documents. For the no-fault ground of one-year separation, you must also bring a corroborating witness — someone who has personal knowledge of your year-long separation and who will testify at the hearing. Once the judge signs the Final Order of Divorce and it is filed with the Clerk of Court, your divorce is final.

South Carolina Divorce Laws: Grounds and Residency Requirements

South Carolina recognizes five grounds for divorce — four fault-based grounds and one no-fault ground. The no-fault ground requires one year of continuous physical separation in separate residences. Four fault grounds — adultery, physical cruelty, habitual drunkenness or drug abuse, and desertion for one year — allow you to file without any required separation period, but require evidence at the hearing. South Carolina abolished common law marriage effective July 24, 2019; no new common law marriages can be formed in the state.

For the complete South Carolina divorce statutes, visit Title 20, Chapter 3 of the SC Code of Laws. For court self-help resources and forms, visit sccourts.org/forms.

Property Division in South Carolina: Equitable Distribution

South Carolina is an equitable distribution state, meaning marital property is divided in a way the court determines is fair — not necessarily equally. The family court identifies what is marital property versus nonmarital property, then apportions marital property between the spouses based on a list of statutory factors. The court considers contributions, earning capacities, duration of the marriage, and — importantly — marital fault or misconduct. Spouses who reach their own written agreement can divide property differently than a court would, and the court will generally honor that agreement if it is fair.

Factors South Carolina courts consider when dividing marital property:

• Duration of the marriage and the ages of the spouses
• The current value of the marital property and each spouse's contribution to its acquisition
• Each spouse's income, earning potential, and current and anticipated financial needs
• Non-economic contributions to the marriage, such as homemaking and childcare
• Marital fault or misconduct — South Carolina courts may consider fault when dividing property, particularly if the misconduct affected the couple's financial circumstances or contributed to the breakdown of the marriage
• Any other factors the court considers relevant to a fair and equitable apportionment

Spouses can resolve all property matters through a written Marital Settlement Agreement at any time. Use our settlement agreement checklist and property division spreadsheet to inventory your marital estate. For complex assets or business interests, a Certified Divorce Financial Analyst can help you model division scenarios and understand the tax implications before negotiating your settlement.

Spousal Support (Alimony) in South Carolina

Alimony is not automatic in South Carolina — a spouse must request it, and the court determines whether an award is appropriate based on 13 statutory factors. There is no formula; awards are highly fact-specific and left to the judge's discretion. South Carolina recognizes five types of alimony, each suited to different circumstances. One rule is absolute: a spouse who commits adultery before a written settlement agreement is signed or before a permanent support order is entered is legally barred from receiving any form of alimony. Fault plays a meaningful role in support determinations — unlike purely no-fault states.

Factors South Carolina courts consider when determining alimony under state law:

• Duration of the marriage, and the ages of the spouses at marriage and at the time of the divorce action
• The physical and emotional condition of each spouse
• Each spouse's educational background and need for additional training to reach their income potential
• Employment history and earning potential of each spouse
• The standard of living established during the marriage, and each spouse's current and anticipated expenses and needs
• The marital and nonmarital property of each spouse, including the property each receives in the divorce
• Child custody arrangements — particularly when one parent should not be required to seek outside employment
• Marital misconduct or fault of either or both parties, if the misconduct affected the economic circumstances of the parties or contributed to the breakdown of the marriage

For a general estimate of support amounts, see our alimony calculator guide. For cases with significant income disparity or complex support claims, a Certified Divorce Financial Analyst can help you model scenarios before negotiating your settlement. Use the official South Carolina child support calculator at dss.sc.gov.

Child Custody and Support in South Carolina

South Carolina family courts determine child custody based on the best interests of the child. Neither parent holds a presumptive right to custody based on gender — the old "tender years" doctrine, which favored mothers for young children, was expressly abolished. The court may award joint custody to both parents or sole custody to either parent. Both parents have equal rights and responsibilities regarding their children's education, medical care, and general welfare. Child support is calculated using South Carolina's income-shares guidelines formula, administered through the Department of Social Services.

Key factors South Carolina courts consider in custody determinations:

• The child's temperament, developmental needs, and each parent's ability to understand and meet those needs
• Each parent's capacity to provide for the child's needs and to maintain a stable home environment
• Any history of domestic violence by either parent — evidence of domestic abuse must be considered and will affect custody outcomes regardless of whether a criminal conviction exists
• The child's reasonable preference for custody — the court must consider the child's preference and weighs it based on the child's age, experience, maturity, judgment, and ability to express a preference
• Each parent's willingness to support and encourage the child's relationship with the other parent
• The quality and continuity of each parent's relationship with the child prior to and during the separation

For a full guide to parenting plans, visit our joint custody guide. For custody disputes where both parents want to reach an agreement without litigation, Hello Divorce mediation services can help you negotiate a parenting plan that works for your family.

How Much Does a Divorce Cost in South Carolina?

A South Carolina divorce can cost as little as $150 in court fees for a straightforward uncontested case — or $12,000–$25,000 or more per spouse in a fully contested divorce with attorney representation. The single biggest cost driver is disagreement: every issue that cannot be resolved between the parties must be decided at a hearing, adding attorney hours and court time. The one-year separation requirement also means you will have living costs for two separate households during that period, which is often the most significant financial burden couples face before they ever file.

Additional South Carolina-specific costs to budget for:

• Process server fees — typically $50–$150 for standard service; higher for out-of-county or hard-to-locate spouses; waived if your spouse voluntarily signs an Acceptance of Service form
• Mandatory mediation fees — required in all contested South Carolina divorces; mediator rates typically $150–$300/hr per party; most cases resolve in one or two sessions
• QDRO / DRO drafting — $500–$1,500 per retirement plan; South Carolina public employees (PEBA — Public Employee Benefit Authority) require a specialized Domestic Relations Order reviewed by the plan administrator; see our QDRO guide
• Guardian ad litem (GAL) fees — courts may appoint a GAL to represent the child's interests in contested custody cases; fees are typically split between the parties and can reach $1,500–$4,000 total depending on the complexity of the case
• Corroborating witness costs — for no-fault divorces, a witness with personal knowledge of the one-year separation must appear at the final hearing; if your witness is out of state, you may incur travel or remote-testimony arrangement costs
• Certified copies of the Final Order — typically $10–$25 per certified copy; obtain 3–5 copies for name change, beneficiary updates, mortgage refinancing, and financial account records

If cost is a concern, South Carolina Legal Services provides free legal assistance to qualifying low-income residents at sclegal.org. You can also request a fee waiver from the court using Form SCCA 405F. Read our guide on how to get divorced with little or no money.

Uncontested vs. Contested Divorce in South Carolina

The most important decision in a South Carolina divorce — after choosing your grounds — is whether your case will be uncontested or contested. An uncontested divorce means you and your spouse agree on all issues: property division, spousal support, child custody, and child support. A contested divorce means at least one issue must be decided by a judge. South Carolina does not have a summary dissolution or joint petition pathway; every divorce requires a court hearing, but the length and cost of that hearing depends heavily on how much the spouses have resolved in advance.

South Carolina's "Simple Divorce" — What Qualifies?

The South Carolina Judicial Department offers a self-help "Simple Divorce" packet specifically designed for couples who have been separated for one year, have no children under 18, and have resolved all property and support issues. The Simple Divorce forms are the most streamlined path available in South Carolina — there is no asset cap or marriage length restriction. Key requirements:

• One full year of continuous physical separation, with corroborating witness available
• No minor children in common
• All property and debt issues resolved between the parties — no outstanding disputes for the court to decide
• Both parties waive or agree on spousal support — or it is not at issue

Simple Divorce forms are available at no charge through the SC Judicial Department's forms library. Hello Divorce can guide you through completing these forms accurately and prepare your Marital Settlement Agreement — see our plans page.

Not sure which path applies to your situation? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference?

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help bridge the gap at a fraction of litigation costs. Remember: mediation is mandatory in South Carolina anyway for contested cases — starting there before filing can save significant time and money.

South Carolina's Alternative to Legal Separation: Order of Separate Support and Maintenance

South Carolina does not recognize "legal separation" as a distinct legal status. Instead, the Family Court can issue an Order of Separate Support and Maintenance — a formal court order that addresses spousal support, child custody, child support, and property division while the parties remain legally married. This order functions much like a legal separation judgment in other states. Many couples use it to formalize their living arrangements and protect their financial interests during the one-year separation period required before a no-fault divorce can be filed.

To understand your options before filing, read our guide on legal separation and marriage alternatives. For settlement agreement guidance, use our settlement agreement checklist.

South Carolina Divorce Forms and Paperwork

South Carolina's Family Court uses standardized forms maintained by the South Carolina Judicial Department, available for free at sccourts.org/forms. The Judicial Department also offers a guided "Simple Divorce Packet" for qualifying uncontested cases with no minor children and all issues resolved. Below are the core documents required in a standard South Carolina divorce.

All official South Carolina divorce forms are free at the SC Judicial Department forms library and at your county's Family Court clerk's office. Hello Divorce guides you through completing every required form accurately — see our divorce forms assistance or view all plans.

Changing Your Name After Divorce in South Carolina

In South Carolina, you can request a name restoration as part of your divorce by including a clause in your Complaint requesting the court restore your former or pre-marriage name. The judge will include the name change in the Final Order of Divorce. You may be asked to state your name change request on the record at the hearing. Once you have your certified Final Order, follow this sequence to update your records.

1. Social Security Administration — Update your SSA record first using your certified Final Order and photo ID. Visit your local SSA office, submit Form SS-5 by mail, or complete the process at ssa.gov. You need an updated SSA card before the DMV will update your driver's license.
2. South Carolina DMV (Driver's License) — Visit an SC DMV office with your updated SSA card, certified Final Order of Divorce, and proof of South Carolina residency. If you need a Real ID-compliant license, bring the additional documentation required by the DMV. Visit scdmvonline.com for the current required documents list.
3. U.S. Passport — Submit the appropriate DS form with your certified Final Order. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); or DS-11 for a first-time application or if your passport is more than 15 years old.
4. Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Final Order. Order at least 3–5 certified copies from the Clerk of Court when your divorce is finalized — fees are typically $10–$25 per copy — and keep extras for mortgage refinancing, beneficiary updates, and other records.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For South Carolina-specific questions after your divorce, visit our knowledge base.

Frequently Asked Questions: Divorce in South Carolina

How long does a divorce take in South Carolina?

For the most common path — a no-fault divorce based on one year of separation — the minimum timeline is just over 15 months from separation to finalization: one year of living apart before you can even file, then typically another 3–5 months for the court process, financial declarations, and hearing scheduling. An uncontested case where both spouses cooperate and all issues are resolved can finish in the lower end of that range; contested cases typically take 18–36+ months from separation to final order. There is no court-imposed waiting period after filing separate from the one-year separation requirement — the pace depends on court scheduling and how quickly the parties resolve their issues.

Does South Carolina require a one-year separation before divorce?

Yes — but only for the no-fault ground, which is the most commonly used. To file for divorce based on one year of separation, you and your spouse must have lived in completely separate residences without any cohabitation for one continuous year before you file. Sleeping in separate bedrooms in the same home does not qualify — one spouse must physically move out. Any resumption of cohabitation resets the clock entirely. If you have fault grounds (adultery, physical cruelty, habitual drunkenness or drug abuse, or desertion for one year), you do not need to wait a year — you can file as soon as those grounds exist and you can substantiate them with evidence.

Is South Carolina a 50/50 divorce state?

No. South Carolina is an equitable distribution state, not a community property state. Marital property is not automatically divided 50/50. Instead, the family court divides marital property in the way it determines is fair and equitable, based on a list of statutory factors — including the duration of the marriage, each spouse's contributions, income and earning capacity, and marital fault. In practice, many South Carolina divorces result in roughly equal splits, but the court has significant discretion, and fault or misconduct can shift the balance. Spouses who reach their own written settlement agreement can divide property however they choose, and the court will typically approve agreements that are fair to both parties. See our property division spreadsheet to inventory and model your options.

Does adultery affect a divorce in South Carolina?

Yes — significantly. Adultery is one of South Carolina's four fault grounds for divorce, meaning you can file immediately without waiting a year. More importantly, a spouse who commits adultery is completely barred from receiving alimony. This bar is statutory and mandatory — not a discretionary factor — and it applies when the adultery occurred before the earlier of (a) the formal signing of a written property or marital settlement agreement or (b) the entry of a permanent order of separate maintenance and support. Adultery can also affect property division, since marital fault is one of the factors courts consider. Starting a new romantic relationship while still legally married and before these legal milestones are reached can have severe financial consequences. If this is relevant to your situation, speak with a Hello Divorce attorney before making any decisions.

Do I have to go to court for my South Carolina divorce?

Yes. South Carolina requires the plaintiff to appear at a final divorce hearing in every case — there is no purely paper-based or online process for completing a divorce without a court appearance. For an uncontested no-fault divorce, the hearing is typically brief (around 15 minutes) and the judge will ask you questions about your separation, your marriage, and your documents. You must also bring a corroborating witness — someone with personal knowledge of your one-year separation — who will testify at the hearing. Your spouse (the defendant) does not need to appear if they have filed an answer or chosen not to contest. Once the judge signs the Final Order of Divorce and it is filed with the Clerk of Court, your divorce is final.

Can I get a divorce in South Carolina without a lawyer?

Yes — many South Carolinians complete uncontested divorces without an attorney, particularly those who qualify for the Simple Divorce packet (no minor children, all issues resolved, one-year separation complete). The SC Judicial Department provides free forms and self-help resources at sccourts.org. However, given that South Carolina requires a court hearing with a corroborating witness, has mandatory financial declarations, and has meaningful fault-based rules around alimony, the process has more moving parts than purely paper-based states. Online services like Hello Divorce provide guided form preparation, a completed Marital Settlement Agreement, and access to attorneys by the hour when you need legal advice — without requiring a full retainer. See our divorce forms assistance and view all plans.

What happens to the house in a South Carolina divorce?

If the home was purchased during the marriage, it is marital property subject to equitable distribution. Common resolutions include one spouse buying out the other's equity share, selling the home and dividing the net proceeds as determined by the court or agreement, or a deferred sale arrangement where one spouse — often the parent with primary custody — remains in the home until a future event (children reaching adulthood, refinancing, etc.). Unlike some states, South Carolina does not presume a 50/50 equity split — the court weighs the same equitable factors it applies to other marital assets. If the home was purchased before marriage or with separate funds, the nonmarital portion may be traced and excluded from division. Use our home equity split calculator to model your options, and read our guide on what to do with the marital home.

Does South Carolina have legal separation?

South Carolina does not recognize "legal separation" as a formal legal status. Instead, the Family Court can issue an Order of Separate Support and Maintenance — a court order that addresses spousal support, child custody, child support, and property division while the parties remain legally married. This order can be sought immediately once spouses are living in separate residences, with no waiting period. It is commonly used during the one-year separation period required for a no-fault divorce, since the time spent under this order counts toward the one-year requirement. A critical caution: you remain legally married throughout this period, which means the adultery bar to alimony still applies. Beginning a romantic relationship before reaching the legal milestone of a signed written settlement agreement or permanent support order can permanently eliminate your right to alimony. Read more in our guide to separation mistakes to avoid.

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