South Carolina · Uncontested divorce · Updated Oct 2026

Uncontested divorce in South Carolina

For spouses in South Carolina who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver and how your spouse can sign instead of being served.

The short answer

Here is how South Carolina handles a divorce when both spouses agree. 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.

Who can file (residency)
1 year (with exceptions)
Waiting period
See the rule
Filing fee
$150

Who can use the process for agreed cases 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.

Before you 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.
Law
S.C. Code Ann. 20-3-30 · S.C. Code Ann. 20-3-80, 20-3-10(5)

Forms, fees and filing in South Carolina

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.

If your spouse agrees to sign

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

An uncontested divorce in South Carolina, step by step

  1. 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.

  2. See if you qualify for the simpler process

    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.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (South Carolina courts)

  4. File, and pay the fee or ask for a waiver

    $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.

  5. Have your spouse sign or be served

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

  6. 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).

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in South Carolina

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce in South Carolina?

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.

Does my spouse have to be served if we agree in South Carolina?

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

How much does it cost to file an uncontested divorce in South Carolina?

$150 to file a divorce action (SC Judicial Branch, Family Court Filing Fees). No fee for the defendant's answer.

More about divorce in South Carolina

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Sources

Last checked: Oct 24, 2026.