How Long Does a Divorce Take in South Carolina?

The shortest possible path to a final divorce decree in South Carolina — an uncontested, no-fault case using the Rule 28 no-hearing track — takes roughly 3 to 4 months from the date you file. A contested case with disputes over custody, property, or support can stretch to 12-36 months or longer.

But those numbers only tell part of the story, because the clock in South Carolina starts running long before you file.

Timeline by Case Type

Uncontested — Rule 28 (No Hearing): 3-4 Months

This is the fastest track, available when both spouses agree on everything and the only relief sought is the divorce decree plus an optional name change. No children, property, or support issues at play.

• File complaint → serve spouse → wait 30 days for response
• Submit Rule 28 affidavit package (sworn statements + photo IDs)
• Judge reviews in chambers and signs the decree

No courtroom appearance required. Total time from filing to decree: approximately 3-4 months, depending on how quickly the judge reviews the affidavit package.

Uncontested with Agreement (MSA): 3-6 Months

When you agree on terms but have children, property, or support to address, you'll need a Marital Settlement Agreement and a live final hearing.

• File complaint → serve spouse → wait 30 days for response
• File Request for Hearing (SCCA 400.08) → wait for court scheduling
• Attend 10-15 minute final hearing with corroborating witness

County scheduling backlogs are the main variable. Urban counties like Richland and Charleston tend to have longer wait times for hearing dates than rural counties.

Default: 3-4 Months

If your spouse doesn't respond within 30 days of being served, you file an Affidavit of Default and proceed without them. A live hearing is still required — you'll present your case and your corroborating witness will testify.

The timeline is similar to uncontested cases, though tracking down your spouse for service can add weeks.

Contested: 12-36+ Months

When spouses disagree on any issue, the case enters the contested track. This triggers:

• Mandatory mediation under SC ADR Rule 3
• Formal discovery (interrogatories, depositions, document requests)
• Possible temporary hearings for custody, support, or restraining orders
• A full trial before a Family Court judge

Contested cases are not realistic for self-representation. The procedural complexity and adversarial nature make professional legal representation essential.

The Pre-Filing Wait That Most People Forget

Every timeline above assumes you've already satisfied the separation requirement. For no-fault cases, that's 365 days of living in separate residences before you can file the complaint.

So the real timeline for a no-fault divorce is:

365 days (separation) + 3-6 months (filing to decree) = roughly 15-18 months total

Fault-based divorces (adultery, cruelty, habitual drunkenness) skip the separation requirement but face a 90-day mandatory waiting period between the filing date and the final decree under S.C. Code Ann. § 20-3-80.

What Causes Delays

Service problems: If your spouse is hard to find, service of process can stall the case for weeks or months. Service by publication (the last resort for missing defendants) adds at minimum 26 days — three weekly newspaper publications plus a 5-day perfection period.

Incomplete filings: The clerk rejects packets with missing forms, unnotarized documents, or incorrect venue designations. Each rejection means starting the filing process over.

Financial Declaration delays: Both parties must exchange Financial Declarations (SCCA 430) within 45 days of service. Missing this deadline can delay the hearing request.

Court scheduling: Some counties schedule hearings within 4-6 weeks of a request. Others take 3-4 months. You have no control over this — it depends on the county's caseload.

Rule 28 rejections: If the judge finds any issue with your affidavit package — incomplete testimony, missing identification, inconsistencies in the dates — they'll deny the Rule 28 track and schedule a live hearing, adding more weeks.

How to Minimize Your Timeline

File the correct forms in the correct county the first time. Serve your spouse as quickly as possible (Acceptance of Service is fastest). Exchange Financial Declarations promptly. Have your corroborating witness ready before you request a hearing.

The South Carolina Divorce Filing Process Guide includes a detailed timeline tracker and filing sequence so you don't lose time to avoidable errors.

See more South Carolina guides →