Filing for divorce in South Carolina requires meeting specific residency requirements, paying a $150 filing fee, and completing mandatory court forms before the Family Court can grant your petition. South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10: four fault-based grounds (adultery, physical cruelty, habitual drunkenness or drug abuse, and desertion) plus one no-fault ground requiring one year of continuous separation. The state uses equitable distribution for property division, meaning assets are divided fairly but not necessarily equally based on 15 statutory factors.
Key Facts: South Carolina Divorce at a Glance
| Requirement | Details |
|---|---|
| Filing Fee | $150 (most counties) |
| Waiting Period | 90 days minimum after filing |
| Residency Requirement | 3 months (both spouses residents) or 1 year (one spouse resident) |
| Grounds for Divorce | 5 total: 4 fault-based + 1 no-fault |
| Property Division | Equitable distribution (not 50/50) |
| No-Fault Separation Period | 1 year continuous separation required |
Residency Requirements for Filing Divorce in South Carolina
South Carolina requires either 3 months or 12 months of residency before you can file for divorce, depending on whether both spouses live in the state. Under S.C. Code § 20-3-30, if both spouses are South Carolina residents when filing, the spouse initiating the divorce needs only 3 months of residency. When only one spouse lives in South Carolina, that spouse must have resided in the state for at least 1 year before filing the complaint.
Military personnel stationed in South Carolina satisfy the residency requirement through their military assignment, allowing service members to file in South Carolina Family Court regardless of their home state of record. This provision recognizes the unique circumstances of military families who relocate frequently due to orders.
To prove residency, South Carolina courts accept multiple forms of documentation including a state driver's license, voter registration card, utility bills showing your address, lease agreements, property deeds, employment records such as pay stubs or W-2 forms, and tax returns reflecting a South Carolina address. Gathering these documents before filing prevents delays in your case. Courts verify residency as part of the initial complaint review process.
Grounds for Divorce in South Carolina
South Carolina law provides five distinct grounds for divorce under S.C. Code § 20-3-10, giving spouses flexibility in how they approach ending their marriage. Four grounds require proving fault by one spouse, while the fifth allows a no-fault divorce after meeting the separation requirement. Understanding these grounds helps determine your timeline and strategy.
No-Fault Ground: One Year Separation
The no-fault divorce ground in South Carolina requires spouses to live separate and apart without cohabitation for one continuous year before either party may file. Under S.C. Code § 20-3-10(5), this separation must be complete—even brief reconciliation attempts can restart the one-year clock. The majority of South Carolina divorces proceed under this ground due to its straightforward nature and lack of required evidence of wrongdoing.
Because the one-year separation must be complete before filing, couples choosing the no-fault path face a minimum timeline of approximately 15 months from initial separation to final decree: 12 months of separation plus the 90-day waiting period after filing. Courts cannot waive or shorten this separation period.
Fault-Based Grounds
Fault-based divorces allow filing immediately without a separation period, though the 90-day waiting period after filing still applies. The four fault grounds under South Carolina law include:
Adultery occurs when one spouse engages in a voluntary sexual relationship with someone other than their spouse during the marriage. Courts require evidence demonstrating both opportunity and inclination to commit adultery. Proof typically includes photographs, text messages, hotel receipts, or witness testimony establishing the extramarital relationship.
Physical cruelty requires proof that a spouse's conduct created a substantial risk of death or serious bodily harm. The injured spouse must demonstrate actual physical injury or conduct that would make a reasonable person believe physical injury was imminent. Verbal abuse alone does not qualify as physical cruelty under South Carolina law.
Habitual drunkenness or drug abuse provides grounds when one spouse's excessive use of alcohol or controlled substances negatively impacts the marriage in a material way. The substance abuse must be habitual rather than occasional, and the requesting spouse must show how the addiction harmed the marital relationship.
Desertion occurs when one spouse willfully leaves the other without justification and with the intent to end the marriage for a continuous period of one year or more. The departing spouse must have abandoned the marriage both physically and emotionally without the other spouse's consent.
Step-by-Step Process to File for Divorce in South Carolina
Filing for divorce in South Carolina follows a structured process through the Family Court system, beginning with preparing your complaint and ending with a final decree signed by a judge. The process typically takes 90 days to several months depending on whether your divorce is contested or uncontested. Following these steps carefully ensures your case proceeds without unnecessary delays.
Step 1: Prepare Required Forms
South Carolina Family Court requires specific forms to initiate a divorce case. The primary documents include:
- Summons for Divorce (Form SCCA400.01SRL-DIV): Notifies your spouse that divorce proceedings have begun and provides 30 days to respond
- Complaint for Divorce (Form SCCA400.02SRL-DIV): States your grounds for divorce and requested relief including property division, alimony, custody, and support
- Family Court Coversheet (Form SCCA467): Administrative form providing case information to the court
- Financial Declaration (Form SCCA430): Detailed disclosure of income, assets, debts, and expenses
These forms are available on the South Carolina Judicial Branch website at sccourts.org/court-forms. Complete all forms accurately and thoroughly, as incomplete filings cause delays.
Step 2: File with the Family Court Clerk
File your completed forms with the Clerk of Court in the county where either you or your spouse resides. The filing fee is $150 in most South Carolina counties, though some counties charge up to $300. As of March 2026, verify the exact amount with your local clerk of court.
If you cannot afford the filing fee, submit an Affidavit of Indigency (Form SCCA/400) demonstrating your income qualifies for a fee waiver. South Carolina Legal Services provides free assistance completing this form for individuals with income below 125% of the federal poverty level.
Step 3: Serve Your Spouse
After filing, you must formally serve your spouse with copies of the Summons and Complaint. South Carolina permits several service methods:
Personal service by sheriff's deputy costs $50-$75 and involves a deputy personally delivering the documents to your spouse. Private process servers charge $75-$125 and often provide faster service.
Acceptance of service allows your spouse to voluntarily acknowledge receipt by signing Form SCCA400.03SRL-DIV. This method is free and works well for uncontested divorces where both parties cooperate.
Service by publication is available when your spouse cannot be located after diligent search efforts. This method requires court approval and publication in a local newspaper for several weeks.
Step 4: Wait for Response
Your spouse has 30 days from the date of service to file a response (Answer) with the court. If your spouse files an Answer, the divorce becomes contested and will require negotiation, mediation, or trial to resolve disputed issues.
If your spouse does not respond within 30 days, you may request an Affidavit of Default (Form SCCA400.07SRL-DIV), allowing you to proceed with an uncontested divorce.
Step 5: Complete Mandatory Requirements
South Carolina requires divorcing parents to complete a certified parenting course before finalizing their divorce. These courses cost $50-$150 and are available online. Both parents must complete the course independently.
The court may also order mediation if custody, property division, or other issues remain disputed. Mediation costs range from $300-$2,000 depending on complexity and mediator rates.
Step 6: Request a Final Hearing
Under S.C. Code § 20-3-80, no final divorce decree may be granted until at least 90 days after filing the complaint. Once the waiting period passes and all requirements are complete, file a Request for Hearing (Form SCCA400.08SRL-DIV).
For uncontested divorces, the final hearing typically lasts 15-30 minutes. The court verifies residency, confirms grounds for divorce, approves any settlement agreements, and addresses custody and support matters. The judge then signs the Final Order of Divorce (Form SCCA400.10SRL-DIV).
Property Division in South Carolina Divorces
South Carolina divides marital property through equitable distribution under S.C. Code § 20-3-620, meaning the Family Court allocates assets and debts fairly based on each spouse's circumstances rather than automatically splitting everything 50/50. The court follows a three-step process: identifying marital property, valuing all assets and debts, and dividing the marital estate according to 15 statutory factors.
Marital vs. Non-Marital Property
Marital property includes all real and personal property acquired by either spouse during the marriage and owned on the date divorce litigation is filed. This encompasses real estate, vehicles, retirement accounts, pensions, household furnishings, and debts incurred during marriage.
Non-marital property remains with the spouse who owns it and includes property acquired before marriage, gifts from third parties, and inheritances. However, non-marital property can become marital property through commingling or transmutation if it becomes mixed with marital assets.
The 15 Statutory Factors
South Carolina courts consider 15 factors when dividing marital property under S.C. Code § 20-3-620:
- Duration of the marriage and ages of the parties
- Marital misconduct affecting economic circumstances
- Value of marital property and each spouse's contribution
- Income and earning potential of each spouse
- Physical and emotional health of each spouse
- Need for additional training or education
- Non-marital property of each spouse
- Existence of vested retirement benefits
- Tax consequences of division
- Desirability of awarding the family home to the custodial parent
- Existence and extent of support obligations
- Liens and encumbrances on marital property
- Child custody arrangements
- Contribution of each spouse as homemaker
- Other relevant factors the court expressly enumerates
In long-term marriages, courts rarely deviate beyond a 60/40 division unless substantial fault, health issues, or significant non-marital assets justify a greater disparity.
Alimony and Spousal Support in South Carolina
South Carolina courts award alimony under S.C. Code § 20-3-130 using pure judicial discretion—there is no formula, percentage, or guideline calculation like child support. Judges evaluate 13 statutory factors to determine whether alimony is appropriate and, if so, the amount and duration of support payments.
Types of Alimony Available
South Carolina recognizes four primary forms of spousal support:
Periodic alimony provides ongoing monthly payments and is the most common form. It terminates automatically upon the recipient's remarriage, either spouse's death, or the recipient cohabitating with a romantic partner for 90 or more consecutive days.
Rehabilititative alimony provides temporary support while a spouse gains education or job skills needed for self-sufficiency. Courts set a specific duration based on the time needed to complete training or education.
Lump-sum alimony consists of a single fixed payment or series of fixed payments totaling a predetermined amount. Unlike periodic alimony, lump-sum awards cannot be modified once ordered.
Reimbursement alimony repays a spouse who funded the other's education, training, or career advancement during the marriage with the expectation of shared benefit.
The Adultery Bar
Under S.C. Code § 20-3-130, no alimony may be awarded to a spouse who commits adultery before the earliest of two events: signing a written property or marital settlement agreement, or entry of a permanent court order regarding separate maintenance, support, or property division. This provision creates significant consequences for proving fault in South Carolina divorces.
Child Custody and Parenting Plans
South Carolina courts make all custody decisions based on the best interests of the child under S.C. Code § 63-15-240. Both parents must file parenting plans at temporary custody hearings, detailing proposed schedules, decision-making authority, and arrangements for the child's education, medical care, extracurricular activities, and religious training.
Types of Custody
Sole custody grants one parent temporary or permanent custody along with rights and responsibilities for major decisions concerning the child's education, medical and dental care, extracurricular activities, and religious training.
Joint custody means both parents share equal rights and responsibilities for major decisions. Joint custody can apply to legal decision-making, physical custody, or both. Courts increasingly favor arrangements allowing children meaningful time with both parents when safe and practical.
Best Interest Factors
Family Courts evaluate multiple factors under S.C. Code § 63-15-240 including:
- Temperament and developmental needs of the child
- Capacity of each parent to understand and meet the child's needs
- Child's reasonable preference for custody (no specific controlling age, but courts typically interview children age 12 and older)
- Wishes of each parent
- Interaction and relationship with each parent, siblings, and other significant persons
- Actions encouraging the parent-child relationship with the other parent
- Manipulation or coercive behavior involving the child in parental disputes
- Mental and physical health of all parties
- History of domestic violence or child abuse
- Whether a parent relocated more than 100 miles in the past year
Child Support Guidelines
South Carolina calculates child support using the Income Shares model under S.C. Code § 63-17-470, based on the principle that children should receive the same proportion of parental income they would have received if their parents lived together. The South Carolina Department of Social Services provides an official calculator at dss.sc.gov/child-support/calculator.
How Support Is Calculated
The calculation begins by determining each parent's gross monthly income from all sources including salaries, wages, commissions, bonuses, and other earnings. The guidelines cover combined gross incomes from $750 to $40,000 per month.
After establishing combined income, the guidelines apply a basic support obligation based on the number of children. This amount is then divided between parents proportionally based on each parent's percentage of the combined income. Adjustments account for health insurance premiums, childcare costs, and parenting time.
The shared custody threshold of 109 overnights (approximately 30% of the year) triggers a different calculation formula recognizing that parents with significant parenting time incur direct costs for housing, food, and activities. The noncustodial parent retains a self-support reserve of at least $1,010.50 per month to cover basic living expenses.
Deviating from Guidelines
The calculated amount creates a rebuttable presumption of the correct child support obligation. Courts may deviate only with specific written findings explaining why the guideline amount is unjust or inappropriate based on the child's best interests. Parents may agree to deviate from guidelines, but the court must approve any agreed amount as reasonable.
Total Costs of Divorce in South Carolina
Divorce costs in South Carolina range from under $500 for simple DIY uncontested cases to $55,000 or more for complex contested litigation involving custody disputes, business valuations, and extended court proceedings. Understanding likely costs helps you budget appropriately and make informed decisions about legal representation.
| Cost Category | Typical Range |
|---|---|
| Filing fee | $150-$300 |
| Process server | $50-$125 |
| Parenting class | $50-$150 |
| Document preparation (online service) | $200-$300 |
| Certified copies | $25-$50 |
| Attorney retainer | $2,500-$5,000 |
| Attorney hourly rate | $200-$400 |
| Mediation | $300-$2,000 |
| Uncontested divorce total | $650-$2,000 |
| Contested divorce total | $10,000-$55,000+ |
A truly DIY uncontested divorce where both spouses agree on all issues typically costs $150-$250 total, covering only the filing fee and service costs. Adding an online document preparation service increases costs to $650-$750 but reduces errors in paperwork.
Timeline: How Long Does Divorce Take in South Carolina?
South Carolina divorce timelines vary significantly based on whether you pursue fault or no-fault grounds and whether your divorce is contested or uncontested. The 90-day minimum waiting period after filing applies to all divorces regardless of grounds.
| Divorce Type | Minimum Timeline | Typical Timeline |
|---|---|---|
| No-fault (uncontested) | 15 months | 15-18 months |
| No-fault (contested) | 15 months | 18-24+ months |
| Fault-based (uncontested) | 90 days | 3-4 months |
| Fault-based (contested) | 90 days | 6-18+ months |
No-fault divorces require completing the full one-year separation before filing, making the minimum timeline approximately 15 months from initial separation to final decree. Fault-based divorces allow immediate filing but require proving fault at trial if contested, potentially extending the process.
Uncontested divorces where both parties agree on all issues can be finalized shortly after the 90-day waiting period passes. Contested divorces involving disputes over custody, property, or support often require discovery, mediation, and potentially trial, extending timelines to 18-24 months or longer.
Frequently Asked Questions About South Carolina Divorce
How much does it cost to file for divorce in South Carolina?
The filing fee for divorce in South Carolina is $150 in most counties, though fees range up to $300 depending on the county. Additional costs include process server fees ($50-$125), mandatory parenting classes for couples with children ($50-$150), and certified copies of the final decree ($25-$50). As of March 2026, verify the exact filing fee with your local Family Court clerk.
How long do you have to be separated before filing for divorce in South Carolina?
For no-fault divorce, South Carolina requires spouses to live separate and apart without cohabitation for one continuous year before filing under S.C. Code § 20-3-10(5). For fault-based divorce grounds (adultery, physical cruelty, habitual drunkenness, or desertion), no separation period is required before filing—you can file immediately once the fault grounds exist.
Can I file for divorce online in South Carolina?
South Carolina does not offer a fully online divorce filing system through the courts. However, you can download forms from the South Carolina Judicial Branch website (sccourts.org), complete them electronically, and file in person or by mail with your county Family Court clerk. Several online document preparation services help complete South Carolina divorce forms for $200-$300.
What is the 90-day waiting period in South Carolina divorces?
Under S.C. Code § 20-3-80, no final divorce decree may be granted until at least 90 days (3 months) after filing the complaint with the Family Court. This waiting period applies to all divorces—both fault and no-fault grounds. The court cannot schedule a final hearing or sign a final decree until this period passes.
Is South Carolina a 50/50 divorce state for property division?
No, South Carolina is an equitable distribution state under S.C. Code § 20-3-620, meaning courts divide marital property fairly but not necessarily equally. Judges consider 15 statutory factors including marriage duration, each spouse's contributions, earning potential, and fault in the marriage breakdown. In long-term marriages, deviations greater than 60/40 are rare, but courts have discretion to award unequal shares based on circumstances.
How is child support calculated in South Carolina?
South Carolina uses the Income Shares model under S.C. Code § 63-17-470, calculating support based on combined parental gross income. The DSS provides an official calculator at dss.sc.gov/child-support/calculator. Factors include each parent's income, number of children, health insurance costs, childcare expenses, and parenting time. The guidelines cover incomes from $750-$40,000 monthly.
Does adultery affect alimony in South Carolina?
Yes, adultery creates a complete bar to receiving alimony in South Carolina under S.C. Code § 20-3-130. If a spouse commits adultery before signing a marital settlement agreement or before the court enters a permanent support order, that spouse cannot receive alimony. This provision makes proving adultery strategically important in many South Carolina divorces.
What are the residency requirements to file for divorce in South Carolina?
South Carolina requires residency of 3 months if both spouses live in the state, or 1 year if only one spouse resides in South Carolina under S.C. Code § 20-3-30. Military personnel stationed in South Carolina satisfy the residency requirement through their assignment. Proof includes driver's license, voter registration, utility bills, lease agreements, or employment records.
Can I get a divorce in South Carolina if my spouse won't sign?
Yes, you can obtain a divorce in South Carolina even if your spouse refuses to participate. After properly serving your spouse with the Summons and Complaint, if they fail to respond within 30 days, you may file an Affidavit of Default and proceed with an uncontested divorce. The court can grant the divorce and make orders regarding property, custody, and support based on your submitted evidence.
How long does an uncontested divorce take in South Carolina?
An uncontested divorce in South Carolina takes a minimum of 90 days after filing due to the mandatory waiting period under S.C. Code § 20-3-80. If proceeding on no-fault grounds, add the 12-month separation requirement before filing, making the total timeline approximately 15 months. Fault-based uncontested divorces can be finalized in 3-4 months from filing.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering South Carolina divorce law
This guide provides general information about how to file for divorce in South Carolina and should not be considered legal advice. Divorce laws change, and individual circumstances vary. Consult with a licensed South Carolina family law attorney for guidance specific to your situation.