The fastest divorce in South Carolina takes roughly 90 to 120 days from filing to final decree when the case is uncontested and filed on a fault ground such as adultery. The state charges a $150 filing fee, requires a 90-day waiting period under S.C. Code § 20-3-80 for most grounds, and does not offer summary dissolution. The one-year separation ground is exempt from the 90-day wait but requires 12 months apart first.
South Carolina has no "quickie" or summary divorce option, so the quickest way to get divorced depends entirely on which ground you use and whether your spouse contests anything. This guide explains every timeline, fee, and statute that controls the fastest divorce process in South Carolina, verified against the 2026 South Carolina Code of Laws. Understanding the difference between fault grounds and the one-year separation ground is the single biggest factor in how fast your divorce moves. Below you will find the exact numbers, a comparison table, and answers to the questions filers ask most.
Key Facts: Fast Divorce in South Carolina (2026)
| Fact | Detail |
|---|---|
| Filing Fee | $150 statewide (paid to Clerk of Court) |
| Waiting Period | 90 days from filing under S.C. Code § 20-3-80; one-year separation and desertion grounds are exempt |
| Residency Requirement | 1 year (one spouse a resident) or 3 months (both spouses residents) under S.C. Code § 20-3-30 |
| Grounds | Adultery, desertion (1 yr), physical cruelty, habitual drunkenness/drug abuse, or one-year separation — S.C. Code § 20-3-10 |
| Property Division Type | Equitable distribution (not community property) — S.C. Code § 20-3-620 |
| Fastest Realistic Timeline | ~90-120 days (uncontested, fault ground) |
| Summary Dissolution | Not available in South Carolina |
What Is the Fastest Way to Get Divorced in South Carolina?
The fastest way to get divorced in South Carolina is an uncontested divorce filed on a fault ground — most commonly adultery — which can finalize in about 90 to 120 days after the 90-day waiting period under S.C. Code § 20-3-80 runs. Fault grounds avoid the 12-month separation period that no-fault requires, making them the quickest route when a provable ground exists.
South Carolina recognizes five grounds for divorce, and your choice determines your speed. The four fault grounds — adultery, desertion for one year, physical cruelty, and habitual drunkenness or drug abuse — are listed in S.C. Code § 20-3-10. The fifth ground, one continuous year of living separate and apart, is South Carolina's only "no-fault" option. Because fault grounds do not require any pre-filing separation, a spouse with clear proof of adultery can file immediately and reach a final hearing after the 90-day clock expires. That is why the quickest way to get divorced in this state usually runs through a fault ground rather than the no-fault path, which forces a full year of separation before you can even file. If you are unsure which ground fits your facts, a personalized divorce roadmap can map your options in a few minutes.
How Long Does a Fast Divorce Take in South Carolina?
An uncontested South Carolina divorce typically takes 90 to 150 days from filing to final decree, while a contested divorce commonly runs 12 to 18 months. The controlling delay is the 90-day statutory waiting period in S.C. Code § 20-3-80, which bars the court from finalizing most divorces sooner than three months after filing.
The waiting period is the floor, not the ceiling. After you file the Summons and Complaint, your spouse must be served and given 30 days to respond under the South Carolina Rules of Family Court. Once the responsive period closes and the 90-day statutory wait expires, the Clerk of Court schedules a final hearing, and hearing availability varies by county — Charleston, Greenville, and Richland dockets can add several weeks. A one-year separation divorce is technically exempt from the 90-day wait, but it demands 12 full months of living apart before filing, so its total timeline from separation to decree is roughly 13 to 15 months. The table below compares the realistic speed of each path so you can pick the fastest route that fits your facts.
| Divorce Path | Pre-Filing Wait | Post-Filing Wait | Typical Total Time |
|---|---|---|---|
| Uncontested, fault ground (adultery) | None | 90 days | 90-120 days |
| Uncontested, one-year separation | 12 months | Exempt from 90-day rule | 13-15 months |
| Contested, any ground | Varies | 90+ days | 12-18 months |
| Fault ground with children | None | 90 days + parenting class | 100-150 days |
What Are the Residency Requirements for a Fast Divorce?
To file for divorce in South Carolina, one spouse must have lived in the state for at least one year, or three months if both spouses are South Carolina residents, under S.C. Code § 20-3-30. A nonresident plaintiff can only file if the defendant spouse has resided in South Carolina for the full one-year period.
Residency is a jurisdictional prerequisite, meaning the family court cannot grant your divorce without it — filing before you qualify wastes the $150 fee and restarts your timeline. The three-month rule is the fastest option and applies whenever both husband and wife live in South Carolina when the action begins. If only the filing spouse lives here, the one-year clock controls. Active-duty military members stationed in South Carolina qualify through continuous presence in the state for the required period regardless of their intent to remain permanently, a provision built into S.C. Code § 20-3-30 to accommodate the state's large military population at bases like Fort Jackson and Parris Island. Because residency is verified at the final hearing through testimony, you should be able to document your address history for the qualifying period before you file. Getting this wrong is the most common reason a fast divorce stalls.
How Much Does a Fast Divorce Cost in South Carolina?
The court filing fee for divorce in South Carolina is $150 statewide, paid to the Clerk of Court when you submit the Summons and Complaint. Service of process adds $40 to $100, and certified copies of the final decree cost $2 to $5 each. Low-income filers can waive the $150 fee using Form SCCA/400. (As of August 2026. Verify with your local clerk.)
The $150 filing fee is uniform across all 46 counties and does not change based on whether your divorce is contested or uncontested, fault or no-fault. Beyond the base fee, budget for the sheriff or a private process server ($40-$100), certified copies for changing names on deeds and accounts ($2-$5 per copy), and optional attorney fees. An uncontested divorce handled without a lawyer can cost as little as $200-$300 in total court and service costs, while a contested case with attorney representation averages $10,000 to $15,000 depending on custody and property disputes. Filers whose household income falls below 125% of the federal poverty level — roughly $19,500 for an individual in 2026 — may file Form SCCA/400 to request a full waiver of the $150 fee. If you want a firm estimate for your situation, our divorce cost estimator breaks down every line item. Keeping costs down often means keeping the case uncontested, which also keeps it fast.
Can You Get a Divorce Without the One-Year Separation?
Yes — South Carolina allows immediate filing on a fault ground without any separation period. Adultery, physical cruelty, habitual drunkenness or drug abuse, and desertion for one year each let a spouse file at once under S.C. Code § 20-3-10, bypassing the 12-month separation that the no-fault ground requires.
This is the core strategy for a fast divorce in South Carolina. The one-year separation ground under S.C. Code § 20-3-10(5) is the only path that does not require proving marital misconduct, but it also forces you to live "separate and apart without cohabitation" for 12 continuous months before you can file — a full year gone before the case even starts. By contrast, if your spouse committed adultery, you can file the day you discover it, provided you can prove it by a preponderance of the evidence (motive, opportunity, and often circumstantial proof like messages or a private investigator's report). Fault grounds carry a trade-off: they are contestable, which can slow a case if your spouse fights the allegation. An admitted or provable fault ground in an otherwise uncontested case is the fastest divorce this state offers. Note that a spouse proven to have committed adultery is barred from receiving alimony under South Carolina law.
What Steps Make a South Carolina Divorce Faster?
A South Carolina divorce moves fastest when both spouses agree on all issues, the defendant accepts service quickly, and a valid fault ground avoids the 12-month separation. Filing a complete Summons, Complaint, and marital settlement agreement lets the court finalize the case at a single hearing after the 90-day waiting period under S.C. Code § 20-3-80.
The practical sequence to compress your timeline looks like this:
- Confirm residency under S.C. Code § 20-3-30 before filing — one year, or three months if both spouses reside here.
- Choose the fastest ground your facts support; a provable fault ground avoids the one-year separation wait.
- File the Summons and Complaint with the Clerk of Court and pay the $150 fee (or file Form SCCA/400 for a waiver).
- Serve your spouse promptly — an Acceptance of Service signed by an agreeing spouse is faster than sheriff service.
- Negotiate and sign a written marital settlement agreement covering property, debt, custody, and support.
- Complete any required parenting class if you have minor children.
- Request a final hearing once the 90-day period expires and responsive pleadings are in.
Uncontested cases where the settlement is signed before filing routinely finalize at the first available hearing. Every disputed issue — a single disagreement over a retirement account or parenting schedule — can add months. Understanding equitable distribution before you negotiate helps you settle faster and avoid a contested trial.
How Does Property Division Affect Divorce Speed?
South Carolina divides marital property by equitable distribution under S.C. Code § 20-3-620, meaning the court splits assets fairly but not necessarily 50/50. When spouses agree on how to divide property in a written settlement, the court accepts the agreement and the divorce finalizes far faster than a contested valuation trial.
Equitable distribution is not community property — South Carolina judges weigh 15 statutory factors, including each spouse's contribution to the marriage, the marriage's duration, and the value of nonmarital property, to reach a fair split. That discretion is why contested property cases take 12 to 18 months: the court may order appraisals, forensic accounting, and discovery. The fastest way to neutralize this delay is a comprehensive marital settlement agreement that lists every asset and debt and states exactly who receives what. When both spouses sign, the judge reviews it for fairness rather than litigating each item, and the case can close at the 90-day mark. Marital property includes assets acquired during the marriage regardless of whose name is on the title, while inheritances and pre-marriage assets are generally nonmarital. If you and your spouse can agree on the numbers, property division stops being a bottleneck. For professional help negotiating a fair agreement, you can find a divorce attorney in your county.
Do Children Slow Down a Fast Divorce in South Carolina?
Yes — divorces involving minor children take longer because South Carolina family courts require both parents to complete a parenting education class and approve a parenting plan before finalizing. This typically adds 30 to 60 days to the timeline and means a fast divorce with children usually takes 100 to 150 days rather than 90.
The court's paramount concern is the best interest of the child, so even an uncontested divorce with children receives closer judicial review of the custody and support terms. Both parents must generally complete a court-approved parenting class, and the settlement must include a parenting plan addressing legal custody, physical placement, visitation, and child support. Child support in South Carolina follows the state's Income Shares Model, calculated from both parents' gross incomes, the number of overnights, and costs like health insurance and childcare. Because the court will not rubber-stamp support numbers that fall below the guideline without an explanation, running an accurate calculation up front prevents a hearing continuance. You can estimate obligations with our child support calculator before you file. Agreeing on a compliant parenting plan and support figure is the single most effective way to keep a divorce with children on the fast track. Learn more about child custody arrangements to prepare your plan.
Is There a Summary Dissolution or Online Divorce in South Carolina?
South Carolina does not offer summary dissolution — there is no simplified statutory shortcut like California's process. However, you can prepare and file an uncontested divorce using online document services, and the court still requires the standard $150 fee, the 90-day waiting period, and a final hearing before a family court judge.
Some states let short, childless, low-asset marriages divorce through a streamlined paperwork-only process. South Carolina is not one of them. Every divorce here — even the simplest uncontested case — must go through the family court with a filed Summons and Complaint and a final hearing where the plaintiff testifies to residency and the ground for divorce. "Online divorce" in South Carolina means using a service to correctly complete your forms; it does not eliminate the hearing or the statutory waiting period under S.C. Code § 20-3-80. The genuine speed advantages come from the fault-ground path (skipping the one-year separation) and full spousal agreement (avoiding contested litigation). Anyone advertising a "same-week" or "instant" South Carolina divorce is misrepresenting the law, because the 90-day waiting period is mandatory for most grounds and cannot be waived by agreement. Knowing this protects you from paying for a shortcut that does not exist.