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Uncontested divorce in South Carolina: 1-year separation and filing guide
An uncontested divorce in South Carolina (also called a simple divorce) requires spouses to live separate and apart for one continuous year before filing under the state’s only no-fault ground. Once filed, the court cannot grant the decree for at least 90 days. Most uncontested cases finalize within 3 to 4 months after filing.
Quick answer
To get an uncontested divorce in South Carolina, you and your spouse must live apart for one continuous year, agree on every issue (property, debts, custody, support), and file a Summons, Complaint, and Financial Declaration with your county Family Court. The filing fee is $150. Most simple cases finalize in 3 to 4 months after filing, because state law imposes a 90-day minimum waiting period before the court can issue a decree.
What counts as an uncontested divorce in South Carolina
An uncontested divorce in South Carolina, often called a simple divorce in court materials, is a divorce in which both spouses agree on every issue that needs to be resolved before the marriage can end. That means no disputes about property, debt, alimony, custody, child support, or parenting time. You are both signing off on the same set of answers before the judge ever sees the case.
South Carolina treats this path differently than most states. Here, an uncontested divorce almost always runs through the state’s single no-fault ground, which requires a full year of separation before you can file. Fault grounds like adultery or physical cruelty can skip the separation wait, but they tend to make a case contested by nature because they require proof and often trigger arguments over alimony or fault-related property issues.
| Factor | Uncontested (simple) | Contested |
|---|---|---|
| Agreement required | Yes, on all issues | No, at least one issue is in dispute |
| Typical ground | 1-year separation (no-fault) | Fault or no-fault with disputes |
| Time after filing | 3 to 4 months | 12 to 24+ months |
| Typical total cost | $150 to $2,500 | $10,000 to $55,000+ |
| Hearing | Short, may be waived in narrow cases | Multiple, trial possible |
If you are still working through disagreements, an uncontested path is not out of reach. Many couples in South Carolina start in different places, use mediation or guided online negotiation, and land on a written agreement well before their year of separation is up. The goal is to arrive at the courthouse with one story, not two.
The 1-year separation rule, explained
South Carolina’s only no-fault ground for divorce is living separate and apart without cohabitation for one continuous year. It is one of the longest mandatory separation periods in the country, and it is the single biggest thing that makes divorce in South Carolina different from divorce almost anywhere else.
The year has to be continuous, and it has to be real. The South Carolina Supreme Court has made clear that separate bedrooms in the same home do not count, even if the marriage is over in every practical sense. You need two physical addresses.
One night together can reset the clock
If you reconcile during the separation period, even for a single night of resumed cohabitation, you generally have to start the one-year clock over from the new separation date. This catches a lot of people off guard, especially parents trying to co-parent while living apart.
Set clear boundaries from the start. If you are unsure whether something counts as cohabitation or reconciliation, treat it as the more conservative answer and document your living arrangement with dated leases, utility bills, or driver’s license addresses.
Because the separation happens before you file, the real total timeline from the day you move out to the day you hold a final decree in your hand is typically 14 to 16 months at a minimum. That feels long, but the year also gives you time to build a solid agreement, handle financial disclosures, and walk into court with everything ready.
Who qualifies for a simple divorce in South Carolina
Three basic requirements decide whether your case can run as a simple uncontested divorce. Miss any one of them and you are either filing a contested case or filing too early. Here is how each piece works.
1. Residency
If both spouses live in South Carolina, the filing spouse must have lived in the state for at least three months. If only one spouse is a South Carolina resident, that spouse must have lived in the state for at least one year before filing. Active-duty military stationed in South Carolina can generally meet the residency requirement through their station here.
2. A completed year of separation
You need a full year of living apart without cohabitation on the day you file, not the day the judge signs the decree. Mark your separation date. Keep documentation. If your spouse disputes the date, your case can slip from uncontested to contested fast.
3. Full agreement on every issue
An uncontested case means agreement on real property, retirement accounts, vehicles, debts, alimony (including whether there is any), child custody, a parenting schedule, and child support. Most couples put these terms into a written marital settlement agreement for South Carolina that becomes part of the court’s final order.
How to file an uncontested divorce in South Carolina
Once your year of separation is complete and you have a written agreement, the filing process is straightforward. Most counties follow the same basic steps, and the South Carolina Judicial Branch publishes a free Self-Represented Litigant Simple Divorce Packet that walks filers through the forms.
Your packet generally includes a Family Court Coversheet, Summons for Divorce, Complaint for Divorce, Financial Declaration, and the marital settlement agreement if you have one. If children are involved, add a proposed Parenting Plan and Child Support Worksheet. You will also sign an Affidavit of Service after your spouse is served.
Watch out for this
The Financial Declaration is required even in fully uncontested cases where no one is asking for support. Skipping it is one of the top reasons simple divorces get rejected at the clerk’s window. Fill it out accurately, sign it, and attach current income and expense documents.
Here is the typical sequence after you have completed your separation year:
- File the packet with the Clerk of Court in the county where your spouse lives, where you last lived together, or where you live if your spouse is out of state. Pay the $150 filing fee or submit Form SCCA/400 to request a waiver if you qualify.
- Serve your spouse with a copy of the filed paperwork. A spouse who agrees can often accept service by signing an acceptance and waiver. Otherwise, use a sheriff’s deputy or a private process server.
- Wait the 30-day answer period. Your spouse has 30 days to file a response. In an uncontested case, they typically file a short answer consenting to the terms.
- Request a final hearing date once the 90-day minimum has passed. Under Rule 28 of the South Carolina Rules of Family Court, some simple divorces with no other requests can be granted on affidavits without a live hearing.
- Attend the hearing and receive your Final Decree of Divorce. Bring your marriage certificate, photo ID, and a witness who can confirm the date of separation. Hearings usually last 10 to 15 minutes.
Once the judge signs the decree, request at least two certified copies from the clerk. You will need them for name changes, retirement account transfers, and updating beneficiaries. Hello Divorce’s full step-by-step filing guide for South Carolina walks through each document and links to the exact court forms.
Cost and timeline for a South Carolina uncontested divorce
A fully uncontested South Carolina divorce is one of the cheapest divorces you can get in any state, once you account for the required separation year. The $150 court filing fee is the same in every one of South Carolina’s 46 counties, and couples who use court-approved forms can complete the case without an attorney if their situation is simple enough.
| Expense | Typical range | Notes |
|---|---|---|
| Family Court filing fee | $150 | Same statewide; waivable with Form SCCA/400 |
| Service of process | $50 to $125 | Sheriff or private process server |
| Parenting class (with kids) | $25 to $150 | Mandatory for divorcing parents |
| Certified copies of decree | $2 to $5 each | Order at least two |
| Online divorce service | $500 to $2,500 | Flat-rate forms and guided support |
| Flat-fee attorney package | $1,000 to $3,500 | Varies by firm; confirm scope in writing |
On timing, plan for the full arc in three chunks. First, the one-year separation, which you serve before the court is ever involved. Second, the 90-day minimum waiting period between filing and final decree, which the court cannot shorten. Third, whatever scheduling time your county needs on top of that, which most Family Courts clear in 30 to 60 days for simple cases. Uncontested divorces commonly finalize within 14 to 20 months from the date you physically separated.
If a year of separation feels overwhelming to navigate alone, you are not alone. Hello Divorce’s South Carolina Divorce Navigator gives you a step-by-step plan for the full separation year and beyond, including what to tell your employer, your landlord, and your kids.
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Schedule your free 15-minute callFrequently asked questions about uncontested divorce in South Carolina
How long does an uncontested divorce take in South Carolina?
After filing, most uncontested divorces in South Carolina finalize in 3 to 4 months because state law requires a minimum 90-day waiting period before the court can issue a decree. Counting the mandatory one-year separation you serve before filing, the full timeline from the date you physically separate to the date you hold the final decree is typically 14 to 16 months.
Can I get a no-fault divorce in South Carolina without waiting a year?
No. South Carolina recognizes only one no-fault ground for divorce, and it requires one continuous year of living separate and apart without cohabitation. The state offers no shorter no-fault option. Fault grounds such as adultery, physical cruelty, habitual drunkenness or drug use, and desertion can allow filing without the year-long wait, but they require proof and typically cannot be handled as uncontested cases.
Do we both have to appear in court for an uncontested divorce?
Usually only the filing spouse attends, along with a witness who can confirm the date of separation. Under Rule 28 of the South Carolina Rules of Family Court, some truly simple cases that ask only for a divorce and name change may be granted on sworn affidavits without any hearing at all. Cases that involve custody, support, property, or fees still require a brief final hearing.
Does living in separate rooms count as being separated in South Carolina?
No. South Carolina courts have held that separate bedrooms in the same home do not satisfy the separation requirement. To qualify for the one-year no-fault ground, you and your spouse must live in separate residences without cohabitation for the full year. Document your separation with dated leases, utility accounts, and updated driver’s license addresses.
How much does an uncontested divorce cost in South Carolina?
A fully DIY uncontested divorce in South Carolina usually costs between $150 and $500, with the $150 Family Court filing fee being the main expense. Online divorce services typically run $500 to $2,500 flat, and flat-fee attorney packages for simple cases range from about $1,000 to $3,500. Contested cases are substantially more and often exceed $10,000 per side.
Can we use an online divorce service for our South Carolina uncontested divorce?
Yes. Online divorce services like Hello Divorce prepare court-approved South Carolina forms, guide you through the marital settlement agreement, and connect you with attorneys or mediators on demand if you hit a sticking point. Online services work best when both spouses agree on the major issues and you have completed, or are actively completing, the one-year separation.
Official South Carolina court resources
These are the official South Carolina Judicial Branch and state government pages for Family Court forms, filing fees, and self-help divorce resources. Always verify current fees and form versions with your local Clerk of Court before filing.
- South Carolina Judicial Branch: Self-Represented Litigant Simple Divorce Packet
- South Carolina Family Court filing fees (official schedule)
- Rule 28, South Carolina Rules of Family Court (uncontested divorce without hearing)
- South Carolina Family Court FAQ (official)
- South Carolina Legal Services: LawHelp.org/SC
References & further reading
Sources cited in this article and recommended for further reading.
- 1. South Carolina Judicial Branch. “Rule 28, South Carolina Rules of Family Court”. Governs the granting of uncontested divorces based on one-year separation, including affidavit-only decisions in narrow cases. South Carolina Judicial Branch, current version. Accessed April 2026.
- 2. South Carolina Judicial Branch. “Family Court Fees”. Official filing fee schedule for Family Court case types, including divorce, annulment, and separate support actions. South Carolina Judicial Branch, 2026. Accessed April 2026.
- 3. South Carolina Judicial Branch. “Self-Represented Litigant Simple Divorce Packet”. State-approved forms and instructions for pro se filers pursuing a one-year-separation uncontested divorce. South Carolina Judicial Branch. Accessed April 2026.
- 4. DivorceNet. “How to Get a Simple (Uncontested) Divorce in South Carolina”. Plain-language summary of South Carolina’s one-year separation rule and case law on separate bedrooms (Barnes v. Barnes, 380 S.E.2d 538). Nolo/DivorceNet, 2023. Accessed April 2026.
- 5. Hello Divorce. “How to File for Divorce in South Carolina”. Step-by-step walkthrough of the South Carolina filing process, forms, and service of process. hellodivorce.com. Accessed April 2026.
- 6. Hello Divorce. “Grounds for Divorce in South Carolina”. Overview of the state’s one no-fault ground and four fault-based grounds for divorce. hellodivorce.com. Accessed April 2026.
- 7. Hello Divorce. “Marital Settlement Agreement for South Carolina”. Guidance and services for drafting a South Carolina-compliant settlement agreement. hellodivorce.com. Accessed April 2026.
- 8. Hello Divorce. “Cost of Divorce in South Carolina”. Detailed cost breakdown for contested and uncontested divorces across South Carolina counties. hellodivorce.com. Accessed April 2026.