If you are searching for a Florence divorce lawyer, you are usually weighing two things at once: what the process actually looks like at the Florence County Family Court on North Irby Street, and what hiring an attorney will cost. This page answers both. Florence sits in the heart of the Pee Dee region, and every Florence divorce, whether you live near Downtown, Oakdale, or out toward West Florence and the McLeod Health campus, runs through the same family court division at 180 N. Irby Street.
South Carolina is an equitable distribution state, so marital property is split fairly rather than automatically 50/50 under S.C. Code § 20-3-620. The state offers four fault grounds plus one no-fault ground under S.C. Code § 20-3-10, and the no-fault route requires living separate and apart for one continuous year. Below are the local filing logistics, costs, and timelines specific to Florence, followed by FAQs.
Florence Divorce Key Facts (2026)
| Detail | Florence, South Carolina |
|---|---|
| County | Florence County |
| Filing court | Florence County Family Court (Clerk of Court) |
| Court address | 180 N. Irby Street MSC-E, Florence, SC 29501 |
| Court phone | (843) 665-3031 |
| Filing fee | $150 (statewide, paid to Clerk of Court) |
| Residency requirement | 1 year if one spouse lives in SC; 3 months if both do |
| Waiting period | 1-year separation for no-fault; 90 days to final hearing |
| Property model | Equitable distribution (not community property) |
How do I file for divorce in Florence, South Carolina?
You file for divorce in Florence by submitting a Summons and Complaint to the Florence County Clerk of Court, paying the $150 filing fee, and serving your spouse. South Carolina recognizes four fault grounds and one no-fault ground (one-year separation) under S.C. Code § 20-3-10. Most Florence filers use the no-fault separation ground.
The practical sequence in Florence County looks like this. First, confirm you meet the residency rule (covered below). Second, prepare your Summons and Complaint for Divorce; if you have minor children, you will also file a Financial Declaration and address custody. Third, take the paperwork to the Clerk of Court window at 180 N. Irby Street and pay the $150 fee. Fourth, have your spouse served, then wait for the response window. For a no-fault case you must show one year of continuous separation, and at the final hearing you bring a corroborating witness who can testify to that separation. The judge then signs a Final Order of Divorce. Note that South Carolina does not recognize formal legal separation; couples who need temporary orders during the one-year wait file an Order of Separate Support and Maintenance instead.
Where do I file for divorce in Florence? (which courthouse)
You file for divorce in Florence at the Florence County Family Court, located at 180 N. Irby Street MSC-E, Florence, SC 29501, inside the Florence County judicial complex downtown. The Clerk of Court office handles intake for the General Sessions, Common Pleas, and Family Court divisions. The family court line is (843) 665-3031.
The courthouse sits in downtown Florence along North Irby Street, a short distance from the Florence County Library and the central business district, and is accessible from US-76 and US-301. Parking and security screening are standard, so allow extra time. If you live in Florence but closer to communities like Quinby, Timmonsville, or Pamplico, you still file at this same Florence County location because filing is county-based, not city-based. Before your trip, call the clerk to confirm current form versions and accepted payment methods, since local form requirements can occasionally differ in format. The clerk cannot give legal advice or tell you how to fill out your pleadings, which is one reason many Florence residents retain a local attorney even for an uncontested matter.
How much does a divorce lawyer cost in Florence?
A divorce lawyer in Florence typically charges $250 to $400 per hour, with most uncontested cases running $1,500 to $3,500 in total fees and contested cases reaching $5,000 to $15,000 or more. On top of attorney fees, every filer pays the mandatory $150 court filing fee, roughly $40 to $75 for service of process, and $5 to $10 per certified copy.
The biggest cost driver is conflict. An uncontested Florence divorce, where both spouses agree on property, support, and any parenting issues, keeps attorney involvement low and can finish near the bottom of that range. A contested case, with disputes over the marital home, retirement accounts, or custody, multiplies hours quickly. If children are involved, budget another $50 to $150 for the required parenting class. South Carolina also allows the court to order one spouse to contribute to the other's attorney fees in appropriate cases. A genuinely DIY uncontested filing, with no lawyer, can be completed for under $500 total, but the trade-off is that you handle every form and hearing yourself, including the corroborating-witness requirement at the final hearing. To estimate your full budget before calling a lawyer, run the numbers with the divorce cost estimator.
How long does a divorce take in Florence?
A no-fault divorce in Florence takes at least one year, because South Carolina requires spouses to live separate and apart for one continuous year before the no-fault ground applies under S.C. Code § 20-3-10. After filing, an uncontested case can reach a final hearing in roughly 90 days, while contested cases commonly run 12 to 18 months from filing to final order.
The one-year separation clock is the gating factor for most Florence filers, since the great majority use the no-fault route. Fault-based grounds (adultery, physical cruelty, habitual drunkenness or drug use, and one year of desertion) allow you to file without waiting a full year of separation, but you must prove the ground with evidence, which adds cost and time. Once the case is filed in Florence County, scheduling depends on the family court docket and whether temporary hearings are needed for support or custody. Uncontested matters with a complete agreement and a witness ready move fastest. The court generally will not grant a final divorce until at least 90 days after filing, even when everything is agreed, so realistic planning means counting the separation year first and the post-filing months second.
What are the residency requirements to file in Florence County?
To file for divorce in Florence County, at least one spouse must have lived in South Carolina for one year before filing if the other spouse lives out of state, or both spouses must have lived in the state for at least three months if both are residents. These rules come from S.C. Code § 20-3-30 and are strictly enforced.
Residency means more than a mailing address. The court treats it as your actual, established home, the place where you live and intend to remain. If you do not meet the residency requirement at the moment of filing, the Florence County Family Court can dismiss your case for lack of jurisdiction, and the $150 filing fee is generally non-refundable. People who recently moved to Florence for work near McLeod Health, Honda of South Carolina, or Francis Marion University should pay close attention to these timelines before filing. If you are unsure whether your time in the state qualifies, confirm the dates before you submit your Summons and Complaint, because a dismissal forces you to refile and pay again.
How is property divided in a Florence divorce?
In a Florence divorce, the family court divides marital property using equitable distribution under S.C. Code § 20-3-620, meaning a fair split based on 15 statutory factors rather than an automatic 50/50 division. Marital property is defined under S.C. Code § 20-3-630 as assets acquired during the marriage as of the date the case is filed.
The court follows a four-step process: identify marital versus non-marital property, value the marital estate, apportion it according to the statutory factors, and distribute it. Property received by inheritance, by gift from someone other than the spouse, or excluded by a valid prenuptial agreement is generally non-marital, though it can become marital if it is commingled or transmuted during the marriage. Florence County's order on property division is final and not subject to later modification except by appeal. Alimony is governed separately under S.C. Code § 20-3-130, where judges currently weigh 13 factors. Worth watching in 2026: three pending bills (H.3074, H.3078, H.3098) would replace permanent periodic alimony with formula-based or marriage-length-capped support, but as of mid-2026 none have become law. To gauge a likely support figure under current law, try the alimony estimator.
FAQs
Where exactly do I file for divorce in Florence?
File at the Florence County Family Court, 180 N. Irby Street MSC-E, Florence, SC 29501, in the downtown judicial complex. The Clerk of Court handles intake and collects the $150 filing fee. Filing is county-based, so even residents in nearby Quinby or Timmonsville file at this same Florence location.
How much does it cost to file for divorce in Florence?
The court filing fee is $150 in Florence County, the same statewide amount paid to the Clerk of Court with your Summons and Complaint. Add roughly $40 to $75 for service of process and $5 to $10 per certified copy. Qualifying low-income filers can request a fee waiver using Form SCCA/400.
Do I really have to wait a year to divorce in Florence?
For a no-fault divorce, yes. South Carolina requires one continuous year of living separate and apart before granting a no-fault divorce under § 20-3-10. The only way to avoid the year is to prove a fault ground, such as adultery, physical cruelty, habitual drunkenness, or one year of desertion.
Can I get divorced in Florence without a lawyer?
Yes. An uncontested Florence divorce can be filed pro se, and DIY filers often spend under $500 total, mostly the $150 fee plus service. You still must complete all forms, meet the one-year separation rule, and bring a corroborating witness to the final hearing, which is why many residents hire a local attorney.
Is South Carolina a 50/50 state for property?
No. South Carolina is an equitable distribution state under § 20-3-620, so the Florence court divides marital property fairly using 15 statutory factors, which may or may not result in an equal split. Inherited and gifted property is usually non-marital unless commingled during the marriage.
What if my spouse lives outside South Carolina?
If your spouse lives out of state, you can still file in Florence County as long as you have been a South Carolina resident for at least one year before filing, per § 20-3-30. If both spouses live in South Carolina, the requirement drops to three months. Residency is strictly enforced at filing.
Are there custody law changes coming in 2026?
A pending bill, S.901 (the Equal Parenting Act), introduced in February 2026, would create a presumption that equal parenting time serves a child's best interest and would amend several custody statutes including § 63-15-240. As of mid-2026 it has not passed, so current best-interest standards still control.