Divorce Checklist for South Carolina

South Carolina Code Section 20-3-30 establishes strict residency requirements before any divorce action may commence. If both spouses currently reside in South Carolina, the filing spouse must have lived in the state for at least 3 continuous months prior to filing. If only one spouse is a South Carolina resident, that spouse must have resided in the state for at least 12 continuous months before commencing the action. Active duty military personnel stationed in South Carolina satisfy the residency requirement through continuous presence for the required period, regardless of intent to remain permanently. You must gather documentation proving your South Carolina residency, such as a valid South Carolina driver's license, voter registration card, utility bills, lease agreement, or property tax records showing your address within the state. The court will verify residency at the final hearing through your testimony and your corroborating witness's confirmation.

South Carolina Code Section 20-3-10 recognizes five grounds for divorce, and you must select at least one before filing your complaint. The no-fault ground requires that spouses have lived separate and apart without cohabitation for one continuous year — meaning separate residences with no overnight stays together. The four fault-based grounds are adultery, physical cruelty, habitual drunkenness or narcotics use, and desertion for one year. Fault-based grounds allow filing immediately without a one-year separation but require proof of the alleged misconduct through testimony and evidence. Choosing a no-fault divorce based on one year's separation is generally simpler and avoids the need to prove wrongdoing, but it means you cannot file until the full year of separation has elapsed. Your choice of grounds affects the timeline, required evidence, and whether the 90-day statutory waiting period under Section 20-3-80 applies or is waived.

South Carolina Family Court Rule 20 requires every party in a domestic relations case to file a comprehensive Financial Declaration (Form SCCA 430) disclosing all income, expenses, assets, and debts. Begin collecting these records before filing to ensure timely compliance with the 45-day disclosure deadline. You will need at least three years of federal and state tax returns, current pay stubs from all employment, statements from every bank account, retirement account, and investment account, documentation of all real estate holdings, vehicle titles, and business ownership interests. If you own a business, LLC, or partnership, complete financial records for those entities are also required. Gather documentation of all debts including mortgages, car loans, credit cards, student loans, and personal loans. Having these records organized before filing prevents delays and demonstrates good faith compliance with the court's financial disclosure requirements.

Before initiating divorce proceedings, evaluate whether domestic violence or safety concerns exist that may require protective measures. South Carolina law provides Orders of Protection through the family court to safeguard victims of domestic violence, and these can be filed before or simultaneously with a divorce complaint. If you are experiencing abuse, contact the South Carolina Coalition Against Domestic Violence and Sexual Assault at sccadvasa.org or call the National Domestic Violence Hotline at 1-800-799-7233 for immediate safety planning and shelter referrals. Cases involving domestic violence may be exempt from mandatory mediation under Rule 3(c) of the South Carolina ADR Rules, as mediation is considered unsafe when there is a history of abuse. The court can waive the mediation requirement entirely and allow the case to proceed directly to trial. Document any incidents of abuse with photographs, medical records, and police reports, as this evidence supports both protective orders and fault-based divorce grounds under physical cruelty.

South Carolina offers two primary divorce paths with significantly different timelines and costs. An uncontested divorce occurs when both spouses agree on all issues including property division, alimony, child custody, child support, and debt allocation — this path typically concludes in 3 to 6 months and may qualify for the Self-Represented Litigant Simple Divorce Packet available from the South Carolina Judicial Branch at sccourts.org. A contested divorce occurs when spouses disagree on one or more issues and typically takes 12 to 24 months or longer, requiring discovery, mediation, and potentially a trial. The SRL Simple Divorce Packet is specifically designed for no-fault divorces based on one year's continuous separation with no unresolved issues regarding children, property, or support. If you and your spouse can negotiate a written settlement agreement addressing all marital issues, you may convert a potentially contested case into an uncontested one, saving substantial time and legal fees.

The Family Court Cover Sheet, designated Form SCCA 467, is the first document required to docket your divorce case in South Carolina Family Court. This administrative form captures essential case information including the full legal names of the plaintiff (filing spouse) and defendant (other spouse), the type of action being filed, the county of filing, and whether the case involves minor children. You must indicate on the cover sheet whether the case is subject to mandatory mediation under South Carolina ADR Rule 3, or whether it qualifies for an exemption with a Certificate of Exemption attached. The cover sheet also requires you to identify the specific relief sought, such as divorce, equitable division of property, alimony, child custody, child support, or attorney's fees. Complete the form accurately and sign it before a notary public if required by your county clerk's office. The cover sheet is filed simultaneously with the Summons and Complaint for Divorce.

The Certificate of Exemption, designated Form SCRFCMFORM02, is required in every South Carolina divorce filing to indicate whether the case must undergo mandatory Alternative Dispute Resolution under SC ADR Rule 3. If your divorce is uncontested and all issues — including child custody, child support, property division, alimony, and debt allocation — have been resolved by agreement, the case qualifies for exemption from mandatory mediation. Check the appropriate box indicating that all matters have been resolved or that the case has previously been subjected to ADR. If the case is contested, you must indicate that it is subject to mediation, and the court will not schedule a merits hearing until a Proof of ADR has been filed by the mediator under Rule 5(g) of the SC ADR Rules. Cases involving domestic violence may seek exemption under Rule 3(c) by filing a motion demonstrating good cause. The Certificate of Exemption is filed with the cover sheet, summons, and complaint as part of the initial filing package.

The Summons for Divorce, designated Form SCCA 400.01 SRL-DIV, is the official court document that formally notifies your spouse that a divorce action has been commenced and that they must respond within the required timeframe. The summons identifies the court (Family Court of the appropriate judicial circuit), the names of both parties, the case number assigned by the clerk, and a clear statement informing the defendant that they have 30 days to file an Answer if served within South Carolina, or 35 days if served outside the state. Under South Carolina Rule of Civil Procedure 4, the summons must be served together with the Complaint for Divorce — they cannot be served separately. The summons warns the defendant that failure to respond within the deadline may result in a default judgment, meaning the court could grant the divorce and all requested relief without the defendant's input. Complete the summons with accurate party names, addresses, and the county of filing.

The Complaint for Divorce, designated Form SCCA 400.02 SRL-DIV, is the substantive filing that sets forth the factual and legal basis for your divorce under South Carolina Code Title 20, Chapter 3. The complaint must state the grounds for divorce as enumerated in S.C. Code § 20-3-10 — whether one year's continuous separation, adultery, physical cruelty, habitual drunkenness, or desertion. It must establish the court's jurisdiction by alleging compliance with the residency requirements of Section 20-3-30, including dates of residency and the county where you reside. The complaint identifies both parties by full legal name, states the date and location of the marriage, lists the names and dates of birth of any minor children, and specifies the date of separation. You must also state the specific relief requested, including divorce, equitable division of marital property, alimony, child custody, child support, and restoration of maiden name if desired. The complaint must be signed, verified under oath, and notarized.

South Carolina Family Court Rule 20 mandates that every party in a divorce action file a current Financial Declaration using Form SCCA 430 (revised November 2024). This five-page sworn document requires comprehensive disclosure of all monthly gross income from employment and other sources, a detailed breakdown of monthly living expenses across categories including housing, food, transportation, clothing, medical care, and childcare, a complete listing of all assets including bank accounts, investments, retirement accounts, real estate, vehicles, and personal property, and a full accounting of all debts and liabilities. You must attach your most recent pay stub as supporting documentation. The Financial Declaration must be filed and served prior to or at the first hearing, or no later than 45 days after the complaint is served, whichever occurs first. The form must be signed under oath before a notary public, making all statements subject to perjury penalties if found to be false or misleading.

File the complete initial package with the Clerk of Court for the Family Court in the appropriate county. Under South Carolina law, you may file in the county where you and your spouse last lived together as a married couple, the county where the defendant currently resides, or your own county if the defendant lives outside South Carolina. The filing package must include the Family Court Cover Sheet (SCCA 467), Certificate of Exemption (SCRFCMFORM02), Summons for Divorce (SCCA 400.01 SRL-DIV), Complaint for Divorce (SCCA 400.02 SRL-DIV), and Financial Declaration (SCCA 430) with attached pay stub. The filing fee is $150.00, payable to the clerk by cash, check, money order, or credit card depending on the county. If you cannot afford the filing fee, file Form SCCA 405F, the Motion and Affidavit to Proceed In Forma Pauperis, requesting a fee waiver based on financial hardship. The clerk will assign a case number and return file-stamped copies for your records.

Under South Carolina Rule of Civil Procedure 4, the defendant must be personally served with the Summons and Complaint for Divorce. Service may be accomplished through several methods: personal delivery by the county sheriff or deputy, a professional process server, or any person over 18 years old who is not a party to the case. Alternatively, service may be made by certified mail with return receipt requested and delivery restricted to the addressee, though default judgment cannot be entered based on certified mail service alone unless the return receipt shows acceptance by the defendant. Your spouse may also voluntarily accept service by signing an Acceptance of Service form, which is then filed with the court. If your spouse cannot be located after diligent effort, you may petition the court for service by publication under S.C. Code § 15-9-710, which requires publishing notice in a designated newspaper for three consecutive weeks. Proof of service must be filed with the court documenting the date, time, place, and method of service.

After service, the defendant has 30 days to file an Answer to the Complaint if served within South Carolina, or 35 days if served outside the state, under SC Rule of Civil Procedure 12(a). The defendant may file an Answer that admits or denies the allegations in your complaint, and may also file a Counterclaim raising their own claims for divorce, property division, alimony, custody, or support. There is no fee charged to the defendant for filing a response in South Carolina. If the defendant files a Counterclaim, you then have 30 days to file a Reply to the Counterclaim. If 30 days pass without any response from the defendant, you may file a Request for Hearing along with an Affidavit of Default, asking the court to proceed without the defendant's participation. Allow an additional 5 days beyond the 30-day deadline to account for mailing time before filing for default. A default judgment means the court may grant all relief requested in your complaint without the defendant's input.

Under Rule 3 of the South Carolina Alternative Dispute Resolution Rules, all contested issues in domestic relations actions filed in family court are subject to mandatory court-ordered mediation, effective in all counties since January 1, 2016. When custody or visitation is an unresolved issue, early mediation is specifically required, and parties must facilitate mediator selection immediately upon filing. The court will not schedule a merits hearing until a Proof of ADR has been filed with the clerk by the mediator, as required by Rule 5(g). Mediator fees are divided equally between the parties unless otherwise agreed or ordered by the court. Only the parties, their attorneys, and the mediator may attend the mediation session under Rule 5(d). All statements made during mediation are confidential under Rule 8. If mediation fails to resolve all issues, the mediator files the Proof of ADR documenting the attempt, and the case proceeds to trial. Sanctions for failing to attend mediation include fines, dismissal of the action, or striking of pleadings.

In contested divorces, both parties have the right to conduct formal discovery to gather information and evidence relevant to property division, alimony, child custody, and support. South Carolina family court discovery tools include interrogatories (written questions that must be answered under oath within 30 days), requests for production of documents, requests for admission, and depositions. Under Family Court Rule 20, both parties must have already filed their Financial Declarations (SCCA 430) within 45 days of complaint service or before the first hearing, whichever comes first. If your spouse's Financial Declaration appears incomplete or inaccurate, discovery tools can compel full disclosure, and the court may appoint forensic accountants for complex financial situations. Rule 20 imposes a continuing duty to supplement financial disclosures when circumstances change. Discovery typically takes 3 to 6 months in contested cases and must be completed before the case can be set for trial. Failure to comply with discovery requests can result in court-imposed sanctions.

Before proceeding to trial, most South Carolina divorces resolve through a negotiated settlement agreement, also called a Marital Settlement Agreement or Property Settlement Agreement. This legally binding document addresses every aspect of the divorce: equitable division of marital property and debts under S.C. Code § 20-3-620, alimony type and duration under S.C. Code § 20-3-130, child custody and visitation arrangements including a detailed parenting plan as required by S.C. Code § 63-15-220, child support calculated according to the South Carolina Child Support Guidelines, health insurance coverage for children, responsibility for marital debts, and any other contested issues. Both parties must sign the agreement before a notary public, and the agreement is presented to the family court judge for approval at the final hearing. The judge will review the agreement to ensure it is fair and reasonable, particularly regarding provisions for minor children. A well-drafted settlement agreement converts a contested divorce into an uncontested one.

South Carolina does not universally mandate parenting education courses for all divorcing parents, but family court judges have discretion to order completion of a court-approved parenting class in cases involving minor children under South Carolina Domestic Relations Title 20, Chapter 3. If the court orders a parenting course, both parents must complete it before the final hearing. Several online providers offer courses accepted by South Carolina family courts, including the Children in Between Online program, which is accepted statewide. Courses typically take 4 to 6 hours to complete and cost between $25 and $50. Upon completion, you receive a certificate that must be filed with the court as proof of compliance. Failure to complete a court-ordered parenting course may result in the judge refusing to grant the divorce or holding the non-compliant parent in contempt of court. Even if not ordered, completing a co-parenting course voluntarily demonstrates good faith to the court and helps parents learn strategies to minimize the impact of divorce on children.

Before the final hearing, prepare the Final Order of Divorce (Form SCCA 400.10 SRL-DIV) and the Report of Divorce or Annulment (DHEC Form 0682) for submission to the court and the Department of Health and Environmental Control, respectively. You must bring a corroborating witness — a friend, family member, or other person with personal knowledge of your separation — who will testify under oath that you and your spouse have lived separately for more than one year continuously. Under S.C. Code § 20-3-80, no final decree may be granted before 3 months after the complaint was filed, except for divorces on grounds of desertion or one year's separation where the waiting period may be waived since parties already separated for 12 months. At the hearing, the judge will ask you questions about residency, grounds, and whether reconciliation is possible — answer honestly and briefly. The judge will also ask the corroborating witness to confirm the separation. If the divorce is uncontested, the hearing typically lasts 15 to 30 minutes.

After the judge signs the Final Order of Divorce (SCCA 400.10 SRL-DIV), the order is filed with the Clerk of Court, and your divorce is legally final as of the date the judge signs it. You must also ensure that the Report of Divorce or Annulment (DHEC Form 0682) is completed and submitted to the South Carolina Department of Public Health (formerly DHEC) for recording in the state's vital records system. This statistical report captures personal information about both parties, details of the marriage and its dissolution, the type of decree, the county and docket number, and the date the decree was filed. Request at least two certified copies of the Final Order of Divorce from the clerk — you will need them to update your name on identification documents, change beneficiaries on insurance and financial accounts, update Social Security records, and refinance or transfer real property. The clerk's office charges a per-page fee for certified copies. Your divorce is not final until the signed order is filed with the clerk.