One moment…
Quick Answer
To file for divorce in South Carolina, you must meet the state's residency requirements (3 months (or 1 year if only one party resides in state)), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. South Carolina has no mandatory waiting period (1-year separation for no-fault). Filing fees are approximately $150-$200.
Understanding how to file for divorce in South Carolina is one of the most important steps in your divorce preparation. This guide covers what South Carolina law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Before filing for divorce in South Carolina, at least one spouse must have lived in the state for the required period (3 months (or 1 year if only one party resides in state)). Military members stationed in South Carolina may also qualify.
Section · 02
South Carolina recognizes no-fault divorce grounds, and in many cases fault-based grounds as well. Most divorces proceed on no-fault grounds.
Section · 03
The divorce process begins when one spouse (the petitioner) files a petition for dissolution of marriage with the appropriate court. In South Carolina, this is filed with the Family Court in the county where either spouse lives. The filing fee is approximately $150-$200.
Section · 04
After filing, the petition must be formally served on the other spouse (the respondent). South Carolina allows service by personal service, service by mail, or constructive service in limited circumstances. The respondent typically has 30 days to respond.
Section · 05
South Carolina has no mandatory waiting period (1-year separation for no-fault). Courts may require completion of additional steps such as parenting courses if children are involved.
Section · 06
Once all issues are resolved — either by agreement or court decision — the court enters a final judgment of dissolution. In South Carolina, this covers property division, equitable distribution of assets, spousal support, child custody, and child support.
What Makes South Carolina Different
South Carolina requires a 1-year separation for no-fault divorce — one of the longer separation requirements. The state also allows four fault-based grounds (adultery, habitual drunkenness, physical cruelty, desertion).
FAQ
South Carolina has no mandatory waiting period (1-year separation for no-fault). Uncontested divorces typically finalize in 2-6 months depending on your court's schedule. Contested cases can take 6-18 months or longer.
No, you can file without an attorney (pro se). However, if you have children, significant assets, or contested issues, an attorney is strongly recommended. DIVORSAY helps you prepare so your attorney can work more efficiently.
Many South Carolina courts now offer e-filing options. Check with your local Family Court clerk for availability. DIVORSAY helps you organize everything you need before filing.
You don't need your spouse's consent to get divorced. If your spouse doesn't respond to the petition after being served, the court can grant a default judgment. The process takes longer but the divorce can proceed without cooperation.
Typically: the petition for dissolution, a summons, financial declarations, and if children are involved, a parenting plan. You'll also need 3-5 years of tax returns, pay stubs, bank statements, and property records. DIVORSAY's Evidence Vault helps you organize all of this.
More South Carolina Process Topics
Compare across states
See how this topic works in other equitable-distribution states.
Common Questions
All South Carolina Guides
Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in South Carolina. You deserve someone in your corner.