Contested vs Uncontested Divorce in South Carolina

The Label Determines Your Cost, Your Timeline, and Your Stress Level

In South Carolina, every divorce starts as either contested or uncontested — and the difference is straightforward. An uncontested divorce means both spouses agree on every issue: property division, debt allocation, spousal support, and (if applicable) custody and child support. A contested divorce means they disagree on at least one of those issues.

The practical gap between the two tracks is enormous. An uncontested divorce can cost a few hundred dollars in court fees and be finalized in a single hearing. A contested divorce with a full trial can cost $15,000 to $50,000 or more in attorney fees and drag on for 12 to 18 months.

How an Uncontested Divorce Works

Both parties must have lived separate and apart for one continuous year (South Carolina's no-fault ground), or one party must prove fault grounds — adultery, habitual drunkenness, physical cruelty, or desertion.

Once the residency and grounds requirements are met, the parties draft and sign a comprehensive marital settlement agreement covering every financial and custodial issue. The plaintiff files a Summons and Complaint ($150 filing fee), and the defendant either accepts service voluntarily or is formally served.

The final hearing for an uncontested divorce is brief — often 15 to 30 minutes. The plaintiff presents a corroborating witness who testifies that the parties have lived separately for the required period. The judge reviews the settlement agreement, confirms that both parties entered it voluntarily, and signs the Final Order of Divorce. No trial, no discovery, no temporary hearings.

Total cost for a self-represented uncontested divorce: $150 filing fee plus service costs (typically $30–$100 for the sheriff). Attorney-assisted uncontested divorces typically run $1,500 to $3,000.

How a Contested Divorce Works

When the parties can't agree on one or more issues, the case enters the contested track. This activates the full procedural machinery of the Family Court:

Financial disclosure under Rule 20 — both parties file sworn SCCA 430 Financial Declarations prior to or at the first hearing, or no later than 45 days after service of the complaint, whichever occurs first. Supporting documents include three years of tax returns, recent pay stubs, bank statements, and retirement account summaries.

Temporary hearing under Rule 21 — if either party needs interim relief (temporary support, temporary custody, use of the marital home), they file a motion. The hearing occurs 21–45 days after the request for hearing is filed or submitted to the Clerk, with strict deadlines for affidavits and evidence.

Discovery — interrogatories, requests for production of documents, depositions. This phase generates the bulk of attorney fees in contested cases, especially when business interests or hidden assets are involved.

Mandatory mediation — South Carolina requires alternative dispute resolution before a contested case can be set for trial. Mediation must be completed within 300 days of the initial filing. Private mediators charge $150–$400 per hour, typically split equally between the parties.

Trial — if mediation fails, the case goes to a bench trial (no jury in Family Court). The judge hears testimony, reviews evidence, and issues a Final Order resolving all disputed issues.

Cases Move Between Tracks

A divorce that starts as contested can become uncontested at any point. Many cases that begin with disagreements settle during mediation or through attorney-negotiated settlement after discovery reveals the full financial picture. When this happens, the parties sign a settlement agreement, convert the case to the uncontested track, and schedule the abbreviated final hearing.

The reverse also happens. A couple who files as uncontested may discover mid-process that they actually disagree on how to handle the retirement accounts or the house. The case then becomes contested and enters the discovery and mediation phases.

Which Track Is Right for Your Situation

The uncontested path works when both spouses are willing to negotiate in good faith, the financial picture is relatively straightforward, and neither party has an extreme power or information imbalance. The one-year separation period provides a natural window for working through disagreements — many couples who start the year thinking they'll contest the divorce end up settling during the waiting period.

The contested path is necessary when one spouse refuses to engage in good-faith negotiation, there's a significant dispute over asset values (business ownership, real estate, pension valuation), or misconduct issues like adultery affect alimony eligibility.

Even if you expect a contested process, preparing a thorough financial inventory and a realistic settlement proposal before filing puts you in a stronger negotiating position — and may convert what seemed like a contested case into an uncontested one during mediation.

The South Carolina Divorce Financial Split & Asset Division Guide provides the worksheets and process roadmap to prepare your financial position for either track, helping you organize assets, debts, and settlement proposals before the legal clock starts running.

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