Divorce without children in South Carolina is generally the simplest form of dissolution, but it still requires a $150 filing fee, satisfaction of the one-year residency rule, and either fault grounds or a full one continuous year of living separate and apart under S.C. Code § 20-3-10. A childless uncontested case typically finalizes 90 days to four months after filing.
Key Facts: Divorce Without Children in South Carolina
| Fact | South Carolina Rule |
|---|---|
| Filing Fee | $150 (uniform across all 46 counties) |
| Waiting Period | 90 days minimum after filing before a decree; hearing no sooner than 60 days |
| Residency Requirement | Plaintiff resident 1 year, OR both spouses resident 3 months |
| Grounds | 1 no-fault (1-year separation) + 4 fault (adultery, desertion, physical cruelty, habitual drunkenness) |
| Property Division Type | Equitable distribution (S.C. Code § 20-3-620) |
Data verified as of February 2026. Verify the current filing fee with your county Clerk of Court and the South Carolina Judicial Branch before filing.
How Does Divorce Without Children Work in South Carolina?
A divorce without children in South Carolina eliminates custody, visitation, and child support from the case, leaving only grounds, property, debt, and any spousal support to resolve. The filing fee is $150, and a childless uncontested divorce commonly finalizes within 90 days to four months after filing under S.C. Code § 20-3-80. No parenting class is required.
When a divorcing couple has no minor children, South Carolina Family Court skips the entire custody and support apparatus that consumes most contested divorces. There is no parenting plan to draft, no certified co-parenting class to complete, and no child support worksheet to calculate. This narrows the disputed issues to three categories: the grounds for divorce, the equitable division of marital property and debt, and whether either spouse will pay alimony. For couples who married briefly, kept finances separate, or already agree on how to split assets, a childless divorce is the most streamlined path South Carolina offers. The state still requires a court hearing in most cases and an independent corroborating witness, so even a simple no kids divorce process is not purely a paperwork exercise.
What Are the Residency Requirements for Divorce in South Carolina?
South Carolina requires the filing spouse to have lived in the state for at least one year before filing, or three months if both spouses reside in South Carolina, under S.C. Code § 20-3-30. If the plaintiff is a nonresident, the defendant must have lived in South Carolina for one year. Filing before meeting the threshold results in dismissal.
Residency is jurisdictional, meaning the Family Court cannot grant a divorce at all if the requirement is unmet, regardless of agreement between the spouses. The statute sets three scenarios. First, if the plaintiff is a South Carolina resident, they must have lived in the state for at least one year immediately before filing. Second, if both spouses live in South Carolina, the required period drops to just three months. Third, if the plaintiff lives out of state, the South Carolina defendant must have been a resident for the full one-year period. For active-duty military members stationed in South Carolina, continuous physical presence for the required period counts as residency regardless of any intent to remain permanently. A simple divorce no children case still fails if residency is not properly pleaded and proven at the final hearing.
What Are the Grounds for Divorce in South Carolina?
South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10: one no-fault ground (living separate and apart for one continuous year) and four fault grounds (adultery, desertion for one year, physical cruelty, and habitual drunkenness or drug use). South Carolina has no true immediate no-fault option, unlike most states.
The distinction between fault and no-fault grounds shapes the timeline dramatically. The no-fault ground under S.C. Code § 20-3-10(5) requires spouses to live separate and apart, without cohabitation, for one continuous year before either party can file. The South Carolina Supreme Court has held that sleeping in separate bedrooms within the same home does not satisfy the requirement, spouses must maintain entirely separate residences. Any reconciliation or resumption of cohabitation resets the one-year clock to zero. Fault grounds, by contrast, allow immediate filing without any separation period, which is their principal advantage. For a childless divorce with no fault allegations, the practical reality is that the couple must physically separate for a full year before the case can even begin.
What Is the Filing Fee for Divorce in South Carolina?
The filing fee for divorce in South Carolina is $150, paid to the Clerk of Court when you submit your Summons and Complaint. This fee is uniform across all 46 counties, and the responding spouse pays nothing to file an answer. Households earning below 125% of federal poverty guidelines may waive the fee by filing Form SCCA/400.
As of February 2026, the $150 filing fee is set by the South Carolina Judicial Branch and does not vary by county. Verify with your local clerk before filing. Most clerks accept cash, certified funds, or money orders; some counties accept credit or debit cards, but most do not accept personal checks. The fee waiver, formally a Motion and Affidavit to Proceed In Forma Pauperis (Form SCCA/400), lets qualifying low-income filers proceed without the $150 charge. Beyond the filing fee, a childless divorce still carries incidental costs. The table below breaks down the typical out-of-pocket expenses for a no dependents divorce handled without an attorney.
| Cost Item | Typical Range (2026) |
|---|---|
| Court filing fee | $150 (uniform, all 46 counties) |
| Service of process (sheriff or private) | $25 – $125 |
| Certified copies of the final decree | $15 – $50 |
| Mediation (only if contested) | $100 – $350 per hour |
| Total DIY uncontested (no children) | Approximately $150 – $300 |
Figures verified February 2026. Confirm current amounts with your county Clerk of Court.
What Is the Waiting Period for Divorce in South Carolina?
South Carolina imposes two timing hurdles. Under S.C. Code § 20-3-80, the court cannot issue a final decree until at least 90 days after the Complaint is filed, and no hearing can be scheduled sooner than 60 days after filing. Divorces on the one-year separation or desertion grounds are exempt from the 90-day post-filing wait.
The two clocks operate at different stages and confuse many self-represented filers. The first clock is the pre-filing separation period: for the no-fault ground, you must complete a full 365 days of living apart before you can file at all. The second clock is the post-filing statutory waiting period of 90 days, which the legislature designed as a cooling-off period and which cannot be waived by agreement of the parties. Critically, cases filed on the one-year separation ground or the one-year desertion ground are exempt from the 90-day post-filing wait, because those parties already completed a 365-day waiting period through separation. A childless divorce on fault grounds such as adultery or physical cruelty is subject to the full 90-day post-filing wait but requires no prior separation.
How Is Property Divided in a Divorce Without Children in South Carolina?
South Carolina is an equitable distribution state under S.C. Code § 20-3-620, meaning marital property is divided fairly but not necessarily 50/50. The court weighs 15 statutory factors, including the 15-year-or-longer duration of the marriage, each spouse's contributions, and economic marital misconduct. Nonmarital property acquired before marriage or by gift or inheritance is not divided.
Equitable distribution follows a four-part judicial process: the Family Court identifies the marital property, determines its fair market value, apportions the estate according to each spouse's direct and indirect contributions, and provides for the actual division. Under S.C. Code § 20-3-630, marital property means all real and personal property acquired during the marriage and owned as of the date of filing, with exceptions for inheritances, gifts from third parties, and premarital assets. The 15 statutory factors in S.C. Code § 20-3-620 include the duration of the marriage, the ages and health of the spouses, each party's income and earning potential, and marital misconduct that affected the parties' economic circumstances. Fault is not weighed if it occurred after a pendente lite order, a signed settlement agreement, or a permanent separate-maintenance order. In a childless divorce where the couple already agrees on division, the court simply approves the marital settlement agreement.
What Is the Uncontested Divorce Process With No Children in South Carolina?
An uncontested childless divorce in South Carolina follows five steps: file the Summons and Complaint ($150), serve your spouse who then has 30 days to answer, wait the 90-day statutory period, attend a brief 10-to-15-minute final hearing with a corroborating witness, and receive the signed Final Order. Most such cases finalize in three to four months after filing.
The South Carolina Judicial Branch publishes a free Self-Represented Litigant Simple Divorce Packet, which includes a Family Court Coversheet, Summons, Complaint, Financial Declaration, and any marital settlement agreement. A case qualifies as simple when the couple shares no minor children, neither spouse is pregnant, and the parties have no marital property or debt to divide or have already agreed on division. After filing, the plaintiff serves the defendant, who can accept service by signing a waiver in a cooperative uncontested case; otherwise a sheriff's deputy or private process server delivers the papers. The defendant then has 30 days to answer. At the final hearing, the filing spouse testifies to residency and grounds, and an independent witness, such as a neighbor or relative, must confirm under oath that the couple lived separate and apart for one year. Under Rule 28 of the South Carolina Rules of Family Court, some simple divorces may be granted on affidavits without a live hearing.
How Long Does a Divorce Without Children Take in South Carolina?
A divorce without children in South Carolina takes about three to four months from the filing date to the final decree, driven by the mandatory 90-day post-filing waiting period. Counting the required one-year separation before filing on no-fault grounds, the total timeline from physical separation to final decree is typically 14 to 16 months.
The realistic timeline depends heavily on which grounds you use. For the no-fault one-year separation ground, the dominant factor is the pre-filing separation year, which you must complete before the case even starts. Once filed, an uncontested no kids divorce process generally reaches a brief final hearing within 90 days to four months, with some Greenville-area sources citing a post-filing range of roughly 6 to 16 weeks depending on service issues and court calendar availability. A fault-ground divorce avoids the separation year entirely but is still bound by the 90-day post-filing wait, meaning it can finalize in as little as three months from filing. Timing also varies by county caseload. If the responding spouse files an answer contesting any term, the case converts to a contested divorce and the timeline extends substantially.
Do You Need a Lawyer for a Childless Divorce in South Carolina?
You are not legally required to hire a lawyer for a childless uncontested divorce in South Carolina, and a fully DIY case can cost as little as $150 to $300 total. However, South Carolina still requires a court hearing and a corroborating witness in most cases, and any disagreement over property, debt, or alimony makes attorney guidance strongly advisable.
South Carolina's free Self-Represented Litigant Simple Divorce Packet is specifically designed for couples who agree on all terms and have no minor children, making self-representation genuinely feasible for straightforward cases. The state does not waive the court appearance for pro se filers the way some states do, so you must be prepared to testify and bring a witness who can confirm the one-year separation. Where a childless divorce becomes complicated, retirement accounts, a jointly owned home, significant marital debt, business interests, or a potential alimony claim, the equitable distribution analysis under S.C. Code § 20-3-620 can produce outcomes that a self-represented spouse may not anticipate. Divorce.law is a legal-information and attorney-routing platform and does not provide legal advice; a licensed South Carolina family law attorney should review any case involving contested assets or support.