South Carolina Divorce Checklist
divorce.law/resources/divorce-checklist/south-carolina/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
3-6 months for uncontested divorces based on one year's continuous separation in South Carolina; 12-24 months for contested divorces requiring mediation, discovery, and trial. The 90-day statutory waiting period under S.C. Code § 20-3-80 is waived for no-fault separation-based divorces since parties have already been separated for 12 months. Fault-based divorces require a minimum 90-day wait after filing before the final decree can be entered.
Documents to Gather
- Certified Marriage Certificate
- South Carolina Driver's License or State ID
- Proof of Residency
- Birth Certificates for Minor Children(if applicable)
- Social Security Cards
- Prenuptial or Postnuptial Agreement(if applicable)
- Documentation of Separation Date
- Court Orders from Other Proceedings(if applicable)
Financial Documents
- Last 3 years of federal and state tax returns
- Current pay stubs (most recent 3 months)
- Bank statements for all accounts (6 months)
- Retirement and pension account statements
- Investment and brokerage account statements
- Real estate documents
- Vehicle titles and loan statements
- Business financial records(if applicable)
- Debt documentation
- Insurance policies
- Social Security statements(if applicable)
Key Steps
1. Before Filing
- Verify Residency Requirements
- Determine Grounds for Divorce
- Gather Financial Records and Personal Documents
- Assess Safety and Domestic Violence Concerns
- Consider Whether to Pursue an Uncontested or Contested Divorce
2. Filing Process
- Complete the Family Court Cover Sheet (SCCA 467)
- Complete the Certificate of Exemption from ADR (SCRFCMFORM02)
- Complete the Summons for Divorce (SCCA 400.01 SRL-DIV)
- Complete the Complaint for Divorce (SCCA 400.02 SRL-DIV)
- Complete the Financial Declaration (SCCA 430)
- File All Documents with the Family Court Clerk
3. After Filing
- Serve Your Spouse with the Summons and Complaint
- Wait for Defendant's Response or Default
- Complete Mandatory Mediation for Contested Issues
- Participate in Discovery and Financial Disclosure
- Negotiate and Draft a Settlement Agreement
- Complete the Parenting Education Course if Ordered
- Prepare for and Attend the Final Divorce Hearing
- File the Final Order and Report of Divorce
Key Deadlines
Quick Reference
To file for divorce in South Carolina, you must first meet the residency requirement under S.C. Code § 20-3-30: at least 3 months if both spouses are SC residents, or 12 months if only one spouse resides in the state. You must file on one of five grounds listed in S.C. Code § 20-3-10 — the most common being one year's continuous separation (no-fault). File your Complaint for Divorce (SCCA 400.02 SRL-DIV), Summons (SCCA 400.01 SRL-DIV), Family Court Cover Sheet (SCCA 467), Certificate of Exemption (SCRFCMFORM02), and Financial Declaration (SCCA 430) with the Family Court Clerk in the appropriate county, paying the $150.00 filing fee. Low-income filers may request a fee waiver using Form SCCA 405F. Your spouse must be personally served and has 30 days to respond (35 days if out-of-state). Both parties must file Financial Declarations within 45 days of service under Rule 20. Contested cases require mandatory mediation under ADR Rule 3. At the final hearing, you must bring a corroborating witness to testify about the separation. Uncontested divorces typically take 3-6 months; contested cases take 12-24 months.