How to File for Divorce in South Carolina

Filing for divorce in South Carolina means navigating one of the more demanding state court systems in the country. There's no administrative shortcut, no online "joint petition" form, and no way to avoid Family Court entirely. Every divorce — even the simplest uncontested case — requires a formal judicial decree.

Here's the complete filing process, step by step.

Meet the Residency Requirements First

Before you file anything, you need to satisfy South Carolina's residency test under S.C. Code Ann. § 20-3-30:

• Both spouses live in SC: The filing spouse must have resided in the state for at least 3 continuous months.
• Only one spouse lives in SC: The filing spouse must have resided in the state for at least 12 continuous months.
• Military personnel: Active-duty service members stationed in South Carolina satisfy the residency requirement through continuous presence, regardless of their home of record.

You'll also need to file in the correct county. Under § 20-3-60, that's typically where your spouse lives, where you last lived together, or where you live if your spouse is out of state.

Complete the Five Initiating Documents

Every South Carolina divorce starts with the same core packet:

1. Family Court Cover Sheet (SCCA 467) — basic case information
2. Certificate of Exemption from Mediation (SCRFCFORM02) — required even for uncontested cases
3. Summons (SCCA 400.01 SRL-DIV) — the formal notice to your spouse
4. Complaint for Divorce (SCCA 400.02 SRL-DIV) — states your grounds, residency, and requested relief
5. Financial Declaration (SCCA 430) — detailed income, expenses, assets, and debts (must be notarized)

All of these forms are available as blank PDFs from the South Carolina Judicial Department website. The tricky part isn't finding them — it's completing them in the right sequence and avoiding the errors that get filings rejected at the clerk's window.

File with the Family Court Clerk

Take your completed packet to the Clerk of Court in your county's Family Court. The filing fee is $150 statewide, payable by cash, cashier's check, or money order. Personal checks are not accepted.

If you can't afford the fee, file a Motion and Affidavit to Proceed In Forma Pauperis (SCCA 405F) alongside your divorce packet. You'll need to document your income, assets, and expenses. A judge reviews the application and either waives the fee or denies it with a deadline to pay.

Serve Your Spouse

South Carolina requires formal service of process — you cannot simply hand the papers to your spouse yourself. Your options under Rule 4 of the SC Rules of Civil Procedure:

• Acceptance of Service (SCCA 400.03) — your spouse voluntarily signs acknowledging receipt. Free and fastest.
• Sheriff delivery — $15 statutory fee. The sheriff's civil process division serves the papers.
• Certified mail — $10-$15. Your spouse must personally sign the green return receipt card.
• Private process server — $50-$150. Best option if your spouse is likely to avoid service.

After service is completed, file the appropriate proof of service with the court.

Wait for the Response Window

Your spouse has 30 days from the date of service to file a written Answer. Three things can happen:

1. They file an Answer agreeing — your case moves forward as uncontested.
2. They file an Answer disputing — your case becomes contested and will require mediation.
3. They don't respond — after 30 days, you can file an Affidavit of Default (SCCA 400.07 SRL-DIV) and proceed without them.

Request a Hearing or Use Rule 28

If your case is uncontested and the only relief you're seeking is the divorce itself (plus an optional name change), you may qualify for the Rule 28 no-hearing track. You'll submit sworn affidavits and photo IDs, and a judge reviews the file in chambers — no courtroom appearance needed.

If children, property, support, or alimony are involved, you'll need a traditional final hearing. File the Request for Hearing form (SCCA 400.08 SRL-DIV) and pay the $25 hearing fee.

Attend the Final Hearing

For traditional hearings, bring your corroborating witness — someone with firsthand knowledge that you and your spouse have lived apart for the full separation period. South Carolina is one of the few states that requires this independent verification in every divorce case.

The hearing itself typically takes 10-15 minutes. Present your testimony, have your witness corroborate the separation, and submit your proposed Final Order of Divorce (SCCA 400.10 SRL-DIV) for the judge's signature.

Common Mistakes That Delay Filing

• Filing in the wrong county and having your case transferred or dismissed
• Forgetting to notarize the Financial Declaration before filing
• Attempting to serve papers yourself instead of using an authorized method
• Not having a corroborating witness prepared for the final hearing
• Filing before the full 365 days of separation have passed (for no-fault cases)

The South Carolina Divorce Filing Process Guide walks through each of these steps with detailed checklists, form-by-form instructions, and witness preparation scripts — everything the blank court forms don't tell you.

See more South Carolina guides →