South Carolina · Divorce laws · Updated Oct 2026
South Carolina divorce laws
Who can file for divorce in South Carolina, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in South Carolina
- Who can file (residency)
- If both spouses live in South Carolina when you file, the filer needs only 3 months of residence. Otherwise the filer (or, if the filer lives elsewhere, the other spouse) must have lived in South Carolina for at least 1 year before filing. For military stationed in SC, continuous presence counts.
- Waiting period
- For most grounds, no final decree until 3 months after filing (and no referral to a master before 2 months). But for a 1-year separation or desertion divorce, the hearing can be held as soon as your spouse answers or is in default. The no-fault ground itself requires 1 year living separate and apart before you file.
- Court
- Family Court in the county where you or your spouse lives
- Official forms
- Divorce forms (South Carolina courts)
- Court self-help
- Divorce self-help (South Carolina courts)
- Filing fee
- $150 to file a divorce action (SC Judicial Branch, Family Court Filing Fees). No fee for the defendant's answer.
- If you can't afford the fee
- Motion and Affidavit to Proceed In Forma Pauperis (form SCCA 405), included in the simple divorce packet.
- Simpler process for agreed cases
- Self-Represented Litigant Simple Divorce Packet: for a 1-year separation divorce where you have no marital property/debt or have agreed how to divide it, and either no children or an agreement on custody, visitation and guideline child support. South Carolina Legal Services offers a free online interview to complete it.
- Law
- S.C. Code Ann. 20-3-30 · S.C. Code Ann. 20-3-80, 20-3-10(5)
Divorce in South Carolina, step by step
Check that you can file in South Carolina
If both spouses live in South Carolina when you file, the filer needs only 3 months of residence.
Get the official forms
Use the court's official divorce forms: Divorce forms (South Carolina courts) Self-Represented Litigant Simple Divorce Packet: for a 1-year separation divorce where you have no marital property/debt or have agreed how to divide it, and either no children or an agreement on custody, visitation and guideline child support.
File the papers and pay the fee, or ask for a waiver
File with the Family Court in the county where you or your spouse lives. Filing fee: $150 to file a divorce action (SC Judicial Branch, Family Court Filing Fees). Can't afford it? Motion and Affidavit to Proceed In Forma Pauperis (form SCCA 405), included in the simple divorce packet.
Serve your spouse
Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server.
Your spouse responds
30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
For most grounds, no final decree until 3 months after filing (and no referral to a master before 2 months).
Agree, or go to mediation or a hearing
If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. When granting the divorce, the court may allow you to resume a former surname (or a former spouse's surname).
Free tools for South Carolina
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Divorce timeline estimator for South Carolina
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in South Carolina
- No-fault ground
- living separate and apart without cohabitation for 1 year
- Fault grounds
- Also allowed
- Living apart first
- Yes: 1 year of continuous separation without living together.
- Law
- S.C. Code Ann. 20-3-10 (adultery, desertion 1 year, physical cruelty, habitual drunkenness or drug use, 1-year separation)
Property and debts in South Carolina
- System
- Equitable distribution
- The rule
- If either spouse asks, the court makes an equitable apportionment of marital property, weighing factors including length of marriage, ages, marital misconduct, contributions, income and earning potential, and custody of children.
- Law
- S.C. Code Ann. 20-3-620
Alimony (spousal support) in South Carolina
The court may award alimony in amounts and for terms it considers just: periodic, lump-sum, rehabilitative, reimbursement and other forms. No alimony may be awarded to a spouse who committed adultery before a written settlement or a permanent support order. No formula. S.C. Code Ann. 20-3-130.
Children: custody and support in South Carolina
- What South Carolina calls custody
- custody and visitation
- Child support agency
- South Carolina Department of Social Services, Child Support Services
Serving your spouse in South Carolina
- How your spouse gets the papers
- Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server. Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).
- Time to respond
- 30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default
- Law
- SC Simple Divorce Packet instructions (SCCA 400P SRL-DIV, 06/2024); SCRCP 12
Going back to a former name in South Carolina
Yes. When granting the divorce, the court may allow you to resume a former surname (or a former spouse's surname). S.C. Code Ann. 20-3-180.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in South Carolina: South Carolina Order of Protection from domestic abuse is filed in Family Court with no filing fee (SC Judicial Branch fee page). Forms: https://www.sccourts.org/court-forms/
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Free help in South Carolina
Good to know in South Carolina
- Adultery before a written settlement bars alimony for the spouse who committed it. (S.C. Code 20-3-130)
- The general 3-month wait doesn't apply to 1-year separation divorces; the hearing can follow the answer or default. (S.C. Code 20-3-80)
- Only 3 months' residency is needed if both spouses live in SC. (S.C. Code 20-3-30)
Changes in 2024–2026
The SC simple divorce packet was revised 06/2024.
Divorce checklist for South Carolina
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in South Carolina
How long do you have to live in South Carolina to file for divorce?
If both spouses live in South Carolina when you file, the filer needs only 3 months of residence. Otherwise the filer (or, if the filer lives elsewhere, the other spouse) must have lived in South Carolina for at least 1 year before filing. For military stationed in SC, continuous presence counts.
How long does a divorce take in South Carolina?
For most grounds, no final decree until 3 months after filing (and no referral to a master before 2 months). But for a 1-year separation or desertion divorce, the hearing can be held as soon as your spouse answers or is in default. The no-fault ground itself requires 1 year living separate and apart before you file.
What are the grounds for divorce in South Carolina?
South Carolina's no-fault ground is living separate and apart without cohabitation for 1 year. Fault grounds are also allowed. Yes: 1 year of continuous separation without living together.
Is South Carolina a community property state?
No. South Carolina uses equitable distribution. If either spouse asks, the court makes an equitable apportionment of marital property, weighing factors including length of marriage, ages, marital misconduct, contributions, income and earning potential, and custody of children.
How much does it cost to file for divorce in South Carolina?
$150 to file a divorce action (SC Judicial Branch, Family Court Filing Fees). No fee for the defendant's answer.
Can I get the divorce filing fee waived in South Carolina?
Motion and Affidavit to Proceed In Forma Pauperis (form SCCA 405), included in the simple divorce packet.
Is there a simpler divorce process in South Carolina?
Self-Represented Litigant Simple Divorce Packet: for a 1-year separation divorce where you have no marital property/debt or have agreed how to divide it, and either no children or an agreement on custody, visitation and guideline child support. South Carolina Legal Services offers a free online interview to complete it.
How long does my spouse have to respond in South Carolina?
30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default
Can I change my name back in a divorce in South Carolina?
Yes. When granting the divorce, the court may allow you to resume a former surname (or a former spouse's surname). S.C. Code Ann. 20-3-180.
How does alimony work in South Carolina?
The court may award alimony in amounts and for terms it considers just: periodic, lump-sum, rehabilitative, reimbursement and other forms. No alimony may be awarded to a spouse who committed adultery before a written settlement or a permanent support order. No formula. S.C. Code Ann. 20-3-130.