How to File for Divorce in South Carolina

Getting a divorce in South Carolina involves several steps, from establishing grounds for divorce to filing the petition and reaching a settlement. By understanding the state laws that govern this process, you'll be better prepared to navigate this difficult phase smoothly and confidently. 

South Carolina divorce laws

It’s better to understand the state laws and protocols governing divorce before jumping into divorce filings. In South Carolina, all divorces are governed by South Carolina Code Section 20-3-10. Below are the requirements South Carolina needs you to meet before you can file for divorce. 

Residency requirements

In order to file for divorce in South Carolina, you—the plaintiff (person filing the papers) must satisfy one of the following requirements: 

• Be a South Carolina resident for at least one year, or
• Be a resident of South Carolina for at least three months. This only applies if both parties are state residents.  

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification the courts need for severing the marital relationship. 

South Carolina, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.

A no-fault divorce means that neither party is to blame for the dissolution of marriage. Common cases include spouses moving apart or incompatibility.

The fault-based grounds for divorce are: adultery, habitual drunkenness or drug addiction, physical cruelty, and desertion for one year. Mental cruelty or abuse doesn’t serve as fault grounds. Fault-based divorces add complexity and additional time to the process because there’s a burden of proof. 

Waiting period

In South Carolina, you can’t get a no-fault divorce if you and your partner haven’t lived separately for at least a year. And you have to live in different houses, not just different rooms.

If you and your spouse cohabitate or reconcile during this time frame, even for a single night, the counter restarts. You will have to wait another 365 before you can progress with the divorce process. 

For a fault-based divorce complaint, the mandatory waiting period is 90 days. 

How to file for divorce in South Carolina in 8 steps

There are multiple types of divorce, the main types being contested vs. uncontested divorce and no-fault vs. fault divorce. Each has a varying pace, cost, and process. 

In contested divorces, spouses often argue or have lengthy negotiations over asset division, alimony, child custody, and child support.

With an uncontested divorce, both parties amicably agree to the divorce terms, so it proceeds faster and costs less. The procedure for an uncontested divorce in SC, where both parties satisfy the state’s one-year separation rule, is explained in the next eight steps. 

1. Consult a divorce attorney 

South Carolina doesn’t have a mandatory legal representation requirement. However, it's highly recommended that you get a family law attorney. Even an uncontested divorce can be emotionally and mentally draining, making it hard to think clearly. An experienced attorney can protect your interests and keep the process moving smoothly. They can also recommend alternate dispute resolution options, such as mediation or collaborative divorce, which can give you more control over the outcome.

You can find a divorce attorney through referrals or online lawyer directories like LegalZoom. Be sure to ask these questions so you find an attorney you’re comfortable with and the best fit for your case.  

2. Prepare divorce papers

South Carolina divorces require a myriad of forms to be completed and filed with the appropriate county court:

• Family court cover sheet. This cover sheet is a legal document that’s required to docket the case. It must include the name of the plaintiff and defendant, case details, and plaintiff’s signature
• Summons for divorce. This document exists to tell your spouse that you want a divorce and the reasons for it. 
• Complaint for divorce. This form must declare the grounds for your South Carolina divorce. It also includes questions about your residency status in the state. 
• Financial declaration. A statement about your and your spouse’s financial situation, such as earnings and debt. This needs to be signed in front of a notary. 
• Certificate of exemption. A certificate of exemption form requires you to state whether all divorce matters have been addressed and agreed to or whether marital matters have been subjected to an alternate dispute resolution (ADR) method. A divorce attorney can advise on how to complete this form.

All these forms are part of official court records, so fill them accurately and honestly. You also have to pay the necessary filing fees. 

3. File the petition

Once all your documents are ready, you need to file the paper with the right Clerk of Court’s office. South Carolina allows plaintiffs who are residents to choose from one of the following options: 

• File in the county where you both last lived together as a married couple. 
• File in the defendant’s county at the time of filing. 
• File in your county court if the defendant is not a state resident. 

If you, the plaintiff, are not a state resident, then you have to file papers where your spouse lives. A list of all family courts is available online. 

4. Serve the divorce papers

South Carolina’s Family Court mandates that one “serves the papers” or informs the other spouse about the divorce proceedings. The easiest way to do this is to personally hand the papers to your spouse and have them sign the “Acceptance of Service” form, which serves as a proof of service and is required by the courts. If your spouse is hard to reach or you prefer not to confront them in person, you can use any of the provided methods: 

• Certified U.S. mail with return receipt requested. Once you get the return receipt or green card from the USPS, take it and the Affidavit of Mailing form to a notary.
• The sheriff’s office in the county where the defendant lives can be used to hand-deliver the documents. 
• A private process server can be found online. The average cost for a professional server ranges from $20–$100. 
• A commercial delivery service that’s approved by the Internal Revenue Service (IRS), like UPS or FedEx, with a signed delivery acceptance record. 
• Publish a notice in the newspaper if your spouse is difficult to locate. The county clerk can advise you about alternatives in such cases. 

Regardless of your chosen method, you must submit proof of service to your county court. Your spouse gets 30 days to reply to your summons.

5. Financial disclosure

South Carolina law requires financial declaration in any domestic or family proceedings where finances are a factor. Transparent disclosures are vital to fair rulings on alimony and child support. To provide a complete and accurate picture, include the following:

• Bank statements 
• Paystubs
• Credit card statements
• Personal tax returns
• Business ownership interests and
• Retirement, savings, investment details 

You must exchange this information before the first hearing date or 45 days after serving your spouse, whichever is later. Failure to comply can result in penalties or a divorce judgment that goes against your best interests. 

6. Attend mediation

Mediation is mandatory in divorce cases where issues of child custody and child support are contested. This mediation framework and process is governed by South Carolina Alternative Dispute Resolution Rules (SCADR) and is designed to facilitate communication and reduce court burden. 

Meditation is not required in an uncontested divorce where you and your partner have agreed on all martial terms, including parenting rights and provisions for child support, visitation rights, and child custody. 

7. Negotiate and settle

If you and your spouse nickel and dime over every asset and issue, you can expect your divorce to be a long-drawn and expensive affair. The best way to swiftly move forward with a divorce settlement agreement is to be respectful and ready to negotiate and compromise. 

Once both parties have reached a settlement, it’s time to put it all down in writing. Work with your lawyer to prepare all the necessary paperwork, including a proposed Final Order of Divorce, a financial declaration, and the marital settlement agreement.

8. Attend family court hearing and receive judgment 

You need to attend your final divorce hearing date and be prepared with all evidence to support your claims. In this final court procedure, the judge may ask some questions to better understand your case. 

If the family court judge finds all the paperwork and evidence fair, they will approve your divorce agreement. They will then sign the Final Order of Divorce and Form 4F, formalizing your divorce. The final divorce decree needs to be filed with the county clerk's office.

How much does it cost to file for divorce in SC?

Many factors go into calculating divorce costs, such as lawyer’s experience, location, type of divorce, case complexity, filing fees, and length of divorce. Divorce lawyers in South Carolina tend to charge between $200–$500 per hour. Also, the longer your negotiations take, the more expensive the divorce becomes. 

Mediation can add another $150 to $300 per hour for non-attorney mediators and approximately $250–$500 for attorney mediators. 

There are also court costs, such as filing fees and temporary hearing fees, to consider. Currently, the divorce petition filing fee is $150. If you are unable to pay this amount and meet the state’s conditions, such as falling below federal poverty levels, you can request a waiver. 

Property division in South Carolina

South Carolina is not a community property state. The state follows the equitable distribution method when it comes to dividing property and debts between you and your spouse. 

Each party gets to keep their non-marital property, which includes assets:

• Acquired by inheritance or by gift from a party other than the spouse.
• Acquired before the marriage.
• Excluded by a written property agreement, like a prenuptial agreement, between the parties.

All other property is considered marital property, and the court will divide the property as per equitable distribution laws. Equitable distribution doesn’t mean a perfect 50/50 split. Instead, it means that marital property will be distributed fairly after considering the following factors: 

• The duration of the marriage
• Marital misconduct or fault of either or both parties
• Value of marital property, including each party’s contribution to its acquisition, preservation, depreciation, or appreciation
• Each spouse's income potential
• Each party’s age, physical and emotional health
• Tax consequences to each party
• Child custody arrangements and obligations 

Alimony in SC

Alimony, also known as “spousal support” or “maintenance,” is financial support from one spouse to another. There are multiple forms of alimony in South Carolina:

• Permanent periodic alimony is the most common type, where one party makes a fixed recurring payment to the other. This alimony amount can be changed if there's a significant change in one's economic circumstances. It can also be suspended if the receiving partner remarries or cohabitates with a romantic partner for over 90 days. 
• Lump-sum alimony is a fixed-sum payment awarded when one spouse requires a specific amount. A judge may award lump-sum alimony if the paying spouse has left South Carolina and may not adhere to recurring payments. Lump-sum alimony cannot be modified even if there's a change in circumstances. 
• Rehabilitative alimony is awarded when the marriage lasts for a short duration, and the receiving spouse can show that they can become self-supportive through further education or training. This alimony is a fixed amount, paid periodically or at once. 
• Reimbursement alimony is given in circumstances where one spouse supported the other through education or forming a business. For example, if you stayed home and cared for the kids while your husband set up a bar. He establishes the bar and files for divorce. The courts could award you reimbursement alimony for your sacrifice. 
• Separate maintenance and support is granted to couples living separately but not yet divorced. This type of alimony ends when the divorce is finalized, when either spouse dies, or when the supported spouse starts living with a new partner.

South Carolina Code. Ann. § 20-3-130 lists all the factors the family court considers relevant while granting spousal support.

Child custody and support in SC

South Carolina recognizes two types of custody: legal custody (decision-making authority) and physical custody (where the child will live). South Carolina courts will always decide the issue “as from the circumstances of the parties and the nature of the case, and the best spiritual as well as other interests of the children may be fit, equitable and just.” What does this mean? This means that the court considers the interests and well-being of the child at the time of the divorce.

Child support is determined by reference to the South Carolina Child Support Guidelines, with the primary factor being each parent's income. The state mandates that both parents have the obligation to provide child support. Therefore, even if one parent asks for it, the judge could rule that both parents must pay child support. 

FAQs

How long does a divorce take in South Carolina?

The correct answer to this is that "it depends." The pace of your South Carolina divorce depends on the type of divorce case, how agreeable both parties are, and the family court judges' caseload. You also have to factor in the residency and mandatory waiting periods. A contested divorce or an at-fault divorce process is more complex and generally takes longer than an uncontested, no-fault divorce. 

How do I get a divorce in SC without waiting a year?

A fault-based divorce complaint is the only way to skip the one-year wait period. A fault-based divorce in South Carolina can be filed for adultery, physical abuse and cruelty, desertion for a year, or habitual alcohol and drug use. 

What if my spouse doesn’t respond after being served divorce papers? 

There may be cases where your spouse simply doesn’t respond to your divorce complaint. If you don’t receive an answer within 30 days, you may request the family court to grant default divorce by filing an affidavit of default for divorce. 

Does South Carolina recognize legal separation?

No, it doesn't. You are married till the judge signs your final divorce decree. If you start dating while you're living separately, it may influence how assets are distributed and whether you receive spousal support.

How do I change my name after divorce in SC?

A party’s maiden or former name may be restored as part of divorce proceedings (South Carolina Code Ann.§ 15-49-10). Otherwise, you can file a separate petition for a name change post-divorce. This process may require additional fingerprinting, background checks, and filing fees.

Edward A. Haman, Esq., contributed to this article.