Filing for divorce in South Carolina without an attorney costs $150 in court fees. You must meet the residency requirement of 3 months (both residents) / 1 year (one resident). South Carolina is a equitable distribution state with a None (no-fault requires 1 year separation) waiting period. An uncontested divorce typically takes 3-6 months. Victoria AI guides you through every step with South Carolina-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $150 (The filing fee is $150 statewide for divorce petitions. Additional fees may apply for service of process and certified copies.) |
| Residency Requirement | 3 months (both residents) / 1 year (one resident) |
| Waiting Period | None (no-fault requires 1 year separation) |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | 1 year continuous separation (no-fault), Adultery, Physical cruelty, Habitual drunkenness or drug use, Desertion for 1 year |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 3-6 months |
| Contested Timeline | 1-2 years |
| Fee Waiver Available? | Yes |
To file for divorce in South Carolina, you must meet the following residency requirement: 3 months (both residents) / 1 year (one resident).
If both spouses are SC residents, either can file after 3 months. If only one spouse is a SC resident, that spouse must have been a resident for at least 1 year before filing.
Tip: Victoria AI can help you determine if you meet South Carolina's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in South Carolina without an attorney. Victoria AI guides you through each step with state-specific instructions.
If both spouses are SC residents, either can file after 3 months. If only one spouse is a SC resident, that spouse must have been a resident for at least 1 year before filing.
Download the official South Carolina divorce forms: Summons for Relief, Complaint for Divorce, Financial Declaration. All forms are available from the South Carolina courts website.
Fill out the divorce petition (SCCA 200) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the South Carolina court and pay the filing fee of $150. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to South Carolina rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by South Carolina law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
No mandatory waiting period after filing, but for no-fault divorce, you must live separate and apart for 1 continuous year before filing. Fault-based divorces can be filed immediately.
Submit your final judgment to the court. For uncontested divorces in South Carolina, this typically takes 3-6 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in South Carolina. Victoria AI guides you through completing each form correctly.
Initiates the case
States grounds and requests
Required financial disclosure
Final decree
The filing fee to start a divorce in South Carolina is $150. The filing fee is $150 statewide for divorce petitions. Additional fees may apply for service of process and certified copies.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $150 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $300-$1,500 (uncontested DIY) |
If you cannot afford the filing fee, South Carolina offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in South Carolina, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. South Carolina courts are strict about service requirements.
South Carolina is a equitable distribution state.
South Carolina is an equitable distribution state. Only marital property is subject to division. The court considers 15 statutory factors including marriage duration, contributions, and economic circumstances.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how South Carolina law applies to your specific property.
South Carolina uses the Income shares model.
South Carolina uses the income shares model. Child support is calculated using both parents' gross incomes and the SC Child Support Guidelines, considering the number of children and custody arrangement.
Understanding the timeline helps you plan and set realistic expectations for your South Carolina divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $150 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
None (no-fault requires 1 year separation) - No mandatory waiting period after filing, but for no-fault divorce, you must live separate and apart for 1 continuous year before filing. Fault-based divorces can be filed immediately.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
1-year separation required for no-fault
Fault grounds can avoid separation wait
Low $150 filing fee
Marital misconduct affects alimony
Final hearing required even if uncontested
Must prove grounds at final hearing
Common questions about filing for divorce in South Carolina without an attorney.
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South Carolina-specific forms
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All South Carolina divorce information verified from official state court sources.
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