South Carolina · Serving papers · Updated Oct 2026

Serving divorce papers in South Carolina

After you file in South Carolina, your spouse must get the papers. This page covers who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

The short answer

Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server. Time to respond: 30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default.

Accept or waive service
Yes
Law
SC Simple Divorce Packet instructions (SCCA 400P SRL-DIV, 06/2024); SCRCP 12

How papers are served in South Carolina

  • 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).

Law: SC Simple Divorce Packet instructions (SCCA 400P SRL-DIV, 06/2024); SCRCP 12

Deadline to respond and default

30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

Serving your spouse in South Carolina, step by step

  1. File your papers first

    File with the Family Court in the county where you or your spouse lives. Service comes after filing.

  2. Serve the papers

    Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server.

  3. Or have your spouse sign

    Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default.

  6. If there is no response

    30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

Questions about serving divorce papers in South Carolina

How do you serve divorce papers in South Carolina?

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).

Can my spouse accept or waive service in South Carolina?

Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

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

What if my spouse doesn't respond in South Carolina?

30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

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