Divorce Resources in South Carolina

To file for divorce in South Carolina, you must meet residency requirements under S.C. Code § 20-3-30: either both spouses have lived in South Carolina for at least three months, or the filing spouse has lived in the state for at least one year. South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10: adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotics use, and one year of continuous separation without cohabitation. The no-fault ground requires living separate and apart for a full year before filing. The filing fee is $150, payable to the Clerk of Court. If you cannot afford the fee, file Form SCCA 405 (Motion to Proceed In Forma Pauperis) with your notarized Financial Declaration.

Begin by completing five forms from the SRL Simple Divorce Packet available at sccourts.org: the Family Court Coversheet (SCCA 467), Certificate of Exemption from ADR (SCRFCMFORM02), Summons for Divorce (SCCA 400.01 SRL-DIV), Complaint for Divorce (SCCA 400.02 SRL-DIV), and Financial Declaration (SCCA 430). File these documents with the Clerk of Court in the county where the defendant resides, or where the parties last lived together, as required by S.C. Code § 20-3-60. If the defendant is not a South Carolina resident, file in the county where the plaintiff resides. Retain copies of all documents for your records and obtain file-stamped copies from the clerk.

After filing, you must serve the defendant with the Summons and Complaint. Service may be accomplished through personal delivery by the sheriff or process server, certified mail with return receipt requested, or by the defendant signing an Acceptance of Service (SCCA 400.03 SRL-DIV). The defendant has 30 days to file an Answer under Rule 12, SCRCP. If the defendant does not respond, file an Affidavit of Default (SCCA 400.07 SRL-DIV). Under Rule 20, SCRFC, both parties must file the Financial Declaration (SCCA 430) prior to the first hearing or within 45 days of service, whichever comes first. The Financial Declaration must be notarized before filing.

For contested divorces, mediation is mandatory under Rule 3, SCADR before the case may proceed to trial. Uncontested cases where all issues are resolved by agreement are exempt from mediation, and you should file the Certificate of Exemption (SCRFCMFORM02). Once the responsive pleading is filed or the defendant is adjudged in default, submit a Request for Hearing (SCCA 400.08 SRL-DIV). At the final hearing, the plaintiff must testify and present one corroborating witness to verify the one-year separation period. The judge will then review and sign the Final Order of Divorce (SCCA 400.10 SRL-DIV). File the DHEC Report of Divorce (DHEC 0682) to record the divorce with vital statistics.

South Carolina does not have a statewide statutory mandate requiring a parenting education class for all divorce or custody cases. However, family court judges frequently order parents to complete a court-approved parent education program as a condition of custody and visitation proceedings. Individual counties may impose their own parenting class requirements by local court rule or standing order. When ordered by the court, parents must complete an approved program covering the impact of separation and divorce on children, effective co-parenting communication, and conflict resolution. Most South Carolina counties accept online parenting courses that meet court-approved curriculum standards. Check with the Clerk of Court in your filing county to confirm whether a parenting class is required in your case.

Under Rule 3(a), SCADR (South Carolina Alternative Dispute Resolution Rules), all contested issues in domestic relations actions filed in family court are subject to court-ordered mediation. This includes contested divorce, child custody, visitation, child support, alimony, and equitable distribution disputes. Parties must attend mediation with a certified mediator before the case may proceed to trial. The only attendees permitted at mediation are the parties, their attorneys, and the mediator, per Rule 5(d), SCADR. All statements made during mediation are confidential under Rule 8, SCADR. Uncontested cases where all issues are resolved by agreement are exempt from mandatory mediation. A party may file a motion to exempt a case from ADR for good cause, which the Chief Judge may grant. Parties may also agree to arbitration or early neutral evaluation in lieu of mediation. Mediation attendance must be documented before a case can proceed to trial under Rule 5(g), SCADR.

Under Rule 20, South Carolina Rules of Family Court (SCRFC), both parties in any domestic relations action where financial condition is relevant must file and serve a sworn Financial Declaration using Form SCCA 430. The Financial Declaration must be filed and served prior to the first hearing or no later than 45 days after the complaint is served, whichever occurs first. The form requires disclosure of all gross monthly income (employment earnings, overtime, pensions, Social Security, disability, investment income), monthly expenses (housing, utilities, food, transportation, insurance, medical), assets (real estate, vehicles, bank accounts, retirement accounts, investments), and liabilities (mortgages, loans, credit cards). A recent paystub must be attached. The Financial Declaration must be signed before a notary public. If the defendant fails to timely answer or plead, the plaintiff is not required to serve the declaration before the final hearing. Reasonable sanctions may be imposed for willful noncompliance under Rule 20(d), SCRFC. Parties have a continuing duty to supplement the declaration when circumstances change significantly.