Divorce in South Carolina

How to file for divorce in South Carolina

1. Check residency. 3 months in South Carolina if both spouses live there, or 1 year if only one spouse is a resident, before filing.
2. Check any separation requirement. One year of continuous separation in separate residences is required for the no-fault ground; not required if filing on a fault ground.
3. Prepare and file the Summons and Complaint for Divorce with the Family Court in your county. The filing fee is typically $150, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. Both spouses must file a notarized Financial Declaration at or before the first hearing, or within 45 days of service.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No separate mandatory wait after filing; the one-year separation must already be complete before a no-fault filing. Then ask the court for your final judgment.

Residency and grounds

Residency: 3 months in South Carolina if both spouses live there, or 1 year if only one spouse is a resident, before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: One year of continuous separation in separate residences is required for the no-fault ground; not required if filing on a fault ground.

How property is divided

South Carolina uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: South Carolina uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.

Parenting class: Not clearly mandated statewide by statute; some counties/family courts order a parenting or co-parenting class in contested custody cases.

Child support: South Carolina uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

South Carolina imposes a strict statutory bar on alimony for a spouse found to have committed adultery, no matter their financial need.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Simple Divorce Packet: For self-represented filers with no minor children, no contested issues, and a completed one-year separation (or an agreed fault ground).

Legal separation: available in South Carolina, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no separate mandatory wait after filing; the one-year separation must already be complete before a no-fault filing. A typical timeline is about 15 months or more uncontested (driven by the 1-year separation requirement); 18 to 36+ months if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in South Carolina

• Adultery is a complete bar to alimony for the adulterous spouse, regardless of need.
• The 1-year separation requirement means even a fully agreed no-fault divorce rarely finishes in under about 15 months.
• A corroborating witness must testify to the separation period in no-fault cases.

Some local details vary by county in South Carolina, including parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from South Carolina's courts. Sources we reviewed:

• sccourts.org
• sccourts.org

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.