South Carolina Default Divorce: What to Do When Your Spouse Won't Respond

Your spouse has been served with divorce papers. The 30-day response window passes. Nothing comes back — no Answer, no counterclaim, no phone call to the court. Now what?

In South Carolina, when a defendant fails to respond to the divorce complaint within 30 days of service, the plaintiff can request a default. The case moves forward without the non-responsive spouse's participation, but you still need a hearing and a corroborating witness.

The Default Timeline

Day 0: You serve your spouse with the Summons and Complaint using an authorized method (sheriff, certified mail, Acceptance of Service, or private process server).

Day 1-30: Your spouse has 30 calendar days from the date of completed service to file a written Answer with the court.

Day 31+: If no Answer has been filed, you draft and file the Affidavit of Default (SCCA 400.07 SRL-DIV). This form certifies under oath that:

• The defendant was properly served
• At least 30 days have elapsed since service
• No Answer or responsive pleading has been filed

Don't file this too early. If you submit the Affidavit on day 29 and the defendant files an Answer on day 30, your default is void and you've created an unnecessary procedural mess.

After the Default Is Filed

Filing the Affidavit of Default doesn't end your case — it removes the defendant as an active participant. You still need to prove your case at a hearing.

Step 1: Request a hearing. File the Request for Hearing form (SCCA 400.08 SRL-DIV) and pay the $25 hearing fee.

Step 2: Notify your spouse. Even though they're in default, you must send a Notice of Hearing (SCCA 400.09 SRL-DIV) to the defendant's last known address by regular mail and file proof of mailing with the court.

Step 3: Prepare your corroborating witness. This is non-negotiable. South Carolina law (S.C. Code Ann. § 20-3-20) requires independent corroboration in every divorce, including defaults.

The Default Hearing

Default hearings are short — typically 10-15 minutes — but they follow a specific format:

Your testimony: The judge will ask about your marriage, the grounds for divorce, the separation date, your residency, and any relief you're requesting (property, custody, support).

Corroborating witness testimony: Your witness testifies under oath about the facts they have personal knowledge of. For no-fault cases, that means confirming you and your spouse have lived in separate households for the full 365-day period.

Proposed Final Order: You submit a drafted Final Order of Divorce (SCCA 400.10 SRL-DIV) for the judge to review and sign.

Who Makes a Good Corroborating Witness

Your witness must have firsthand knowledge of the relevant facts. For a no-fault separation case, that means someone who:

• Knows you personally (not a stranger)
• Can confirm the date of separation from their own observation
• Has seen your separate living arrangements
• Can testify that the separation was continuous (no moves back together)

Common witness choices: a neighbor who saw the move-out, a family member who visited both households, a friend who helped with the move, or a landlord at the new separate address.

Your witness cannot be:

• Your child (poor optics, and courts are uncomfortable with this)
• Someone who only knows the facts because you told them (hearsay, not firsthand knowledge)
• Your attorney (conflict of interest)

Preparing Your Witness

Your witness should expect the judge to ask questions like:

• How do you know the plaintiff and defendant?
• When did you become aware they were living separately?
• How do you know they lived in separate residences?
• Did they live apart continuously for the full year, to your knowledge?
• Have you ever observed them living together again after the separation?

Walk through these questions with your witness beforehand. Not to script their answers, but so they aren't caught off guard in the courtroom.

What the Judge Can and Can't Do in Default

A default removes the defendant's right to contest the facts, but the judge still has discretion:

The judge can: Grant the divorce, approve custody and support arrangements, divide property based on the evidence presented, and award alimony.

The judge can also: Deny the divorce if you haven't proven your grounds, modify your proposed property division if it appears inequitable, and require additional evidence before ruling.

The judge cannot: Award you more relief than you requested in the Complaint. This is why it's critical that your Complaint asks for everything you want — property, custody, support — before filing.

Can Your Spouse Undo the Default?

Yes, but only within limits. A defendant can file a motion to set aside the default for "good cause" (illness, military deployment, never actually receiving the papers despite formal service). If the motion is granted, the case reverts to a contested posture and your spouse gets to participate.

Once the final decree is entered, setting it aside becomes much harder. The defendant would need to show fraud, mistake, or excusable neglect under Rule 60 of the SC Rules of Civil Procedure, typically within one year of the judgment.

The South Carolina Divorce Filing Process Guide includes a service tracking worksheet, witness preparation scripts, and hearing checklists specifically designed for default cases.

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