How to File for Divorce in South Carolina

The person filing must have lived in South Carolina for at least one year before filing (or, if the filer is a nonresident, the other spouse must have). If both spouses live in South Carolina when the case is filed, the filer only needs three months of residence. For active-duty military stationed in South Carolina, residence means continuous presence for the required period.

The Family Court filing fee for divorce, annulment, and separate support and maintenance actions is $150. No fee is charged for cases filed with an order granting leave to proceed in forma pauperis (a Motion and Affidavit to Proceed In Forma Pauperis is part of the self-help packet) or for cases handled by legal aid, legal services, nonprofit or Pro Bono Program attorneys. Motions in family court carry a separate $25 fee.

The family court may grant an uncontested divorce based on one year's separation without a hearing if the only relief requested is the divorce and any related name change, and the parties submit sworn written testimony (with photo identification) from the parties and corroborating witnesses about jurisdiction, venue, the dates of marriage and separation, and that reconciliation is impossible. If other relief is requested (such as custody, support, alimony or property division), a hearing is required. The Judicial Branch publishes Self-Represented Litigant Simple Divorce Packets.

No reference to a master may occur until two months after the complaint is filed, and no final divorce decree may be granted until three months after filing. For divorces based on desertion or one year's separation, the hearing may be held and the decree issued once responsive pleadings are filed or the defendant is in default, whichever is sooner. The judge must also state that reconciliation was attempted and failed.

The South Carolina Judicial Branch offers SRL Simple Divorce Packets for self-represented litigants. The plaintiff's packet includes instructions (SCCA400PSRL-DIV), the Family Court Coversheet (SCCA467), Summons for Divorce (SCCA400.01SRL-DIV), Complaint for Divorce (SCCA400.02SRL-DIV), Financial Declaration (SCCA430), Motion and Affidavit to Proceed In Forma Pauperis (SCCA405), service, default and hearing-request forms, the Report of Divorce or Annulment of Marriage (DHEC0682) and the Final Order of Divorce (SCCA400.10SRL-DIV); a defendant's packet includes the Defendant's Answer (SCCA400.05SRL-DIV). The packet can also be completed online with a free interactive program from South Carolina Legal Services at lawhelp.org/sc.