Filing for divorce in South Carolina requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive South Carolina divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key South Carolina divorce laws you need to know.
All information verified against South Carolina statutes and official court resources as of April 2026.
In This South Carolina Divorce Guide:
South Carolina Divorce Filing Requirements
Before you can file for divorce in South Carolina, you must meet these requirements:
| Residency Requirement | At least 3 months if both spouses reside in South Carolina; at least 1 year if only one spouse resides in the state |
| Filing Fee | $150 |
| No-Fault Grounds | Yes — living separate and apart without cohabitation for one continuous year (S.C. Code § 20-3-10(5)) |
| Waiting Period | 90 days after filing before a final decree can be granted (S.C. Code § 20-3-80); this applies to all divorce types and cannot be waived |
| Separation Requirement | 1 year of continuous separation without cohabitation required for no-fault divorce; no separation required for fault-based grounds (adultery, physical cruelty, habitual drunkenness) |
| Property Division | Equitable distribution |
| Uncontested Available | YES |
| Online Filing | NO for self-represented litigants (e-filing is available for attorneys only); pro se filers must file in person at the Family Court clerk’s office. South Carolina Legal Services offers a free interactive online tool to complete the Self-Represented Litigant Simple Divorce Packet, but the completed forms must still be filed in person. |
Residency: At least one spouse must have been a resident of South Carolina for At least 3 months if both spouses reside in South Carolina; at least 1 year if only one spouse resides in the state before filing. You file in the county where either spouse resides.
South Carolina Fault-Based Divorce Grounds
In addition to no-fault divorce, South Carolina allows divorce on these fault-based grounds:
- Adultery; physical cruelty; habitual drunkenness (including habitual narcotics use); desertion for a period of one year
Filing on fault grounds may affect property division, alimony, or custody decisions in some South Carolina courts. However, most divorces in South Carolina proceed on no-fault grounds because they are simpler and faster.
Step-by-Step South Carolina Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in South Carolina for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent South Carolina form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately $150).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by South Carolina county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Mediation: If required or agreed upon, attend mediation to resolve disputed issues.
- Waiting period: 90 days after filing before a final decree can be granted (S.C. Code § 20-3-80); this applies to all divorce types and cannot be waived must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Mediation: South Carolina requires mediation for certain divorce issues before proceeding to trial. Mediation can reduce costs and help spouses reach agreements on property, custody, and support issues.
South Carolina Property Division
South Carolina follows equitable distribution for dividing marital property. This does not necessarily mean 50/50 — the court divides assets fairly based on factors including the length of the marriage, each spouse’s income and earning potential, contributions to marital property, and the needs of each party.
Courts divide marital property based on 15 statutory factors under S.C. Code § 20-3-620 including: duration of the marriage; each spouse’s income and earning potential; direct and indirect contributions to the marital estate (including homemaker contributions); each spouse’s physical and emotional health; need for additional training or education; marital misconduct or fault; existing alimony and child support obligations; non-marital property of each spouse; vested retirement benefits; tax consequences; and the opportunity for future acquisition of capital assets. Division is not automatic 50/50 but aims for fairness based on the totality of circumstances.
Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
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How Long Does Divorce Take in South Carolina?
Uncontested divorce: Approximately 3 to 4 months after filing (plus the mandatory 1-year separation period beforehand for no-fault cases, making total time from separation to finalization approximately 15 to 16 months)
Contested divorce: 12 to 18 months or longer after filing, depending on complexity of custody disputes, property division, discovery, and court scheduling
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in South Carolina
An uncontested divorce in South Carolina is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. Spouses must agree on all issues including property division, custody, child support, and alimony; must meet the one-year continuous separation requirement for no-fault filing; must meet residency requirements; both parties must sign a marital settlement agreement
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
South Carolina Divorce Costs
Divorce costs in South Carolina vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | $150 |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional South Carolina rules: South Carolina has five grounds for divorce total (four fault-based plus one no-fault). Mental or verbal abuse alone does not qualify as physical cruelty. Desertion requires one full year, same as the no-fault separation ground, so it offers no timing advantage. For fault-based divorces (adultery, physical cruelty, habitual drunkenness), spouses can file immediately without any separation period and finalize in as few as 90 days. South Carolina abolished common law marriage effective July 24, 2019 (Stone v. Thompson). A hearing on the merits cannot occur until at least 60 days after filing, and a final decree cannot be entered until at least 90 days after filing. Each additional motion filed during the case costs 25 dollars. If the defendant lives out of state, the case is filed in the plaintiff’s county of residence.
Official Sources & Resources
- South Carolina Courts: https://www.sccourts.org/
- Legal Aid: https://sclegal.org/
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This South Carolina divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.