South Carolina Divorce Costs and Filing Fees
South Carolina Divorce Costs and Filing Fees
A self-represented divorce in South Carolina costs as little as $150-$250 in court fees if everything goes smoothly. An attorney-represented contested case can run $10,000-$25,000 or more. The difference comes down to complexity, cooperation, and whether you end up in a courtroom fight.
Here's every fee you'll face, with no surprises.
Mandatory Court Fees
Filing fee: $150 Paid to the Clerk of Court when you file your initial divorce packet (Summons, Complaint, Cover Sheet, Financial Declaration). Payment must be cash, cashier's check, or money order — personal checks are not accepted at Family Court clerk windows.
Hearing request fee: $25 Paid when you submit the Request for Hearing form (SCCA 400.08 SRL-DIV). Required for both traditional hearings and some Rule 28 administrative processing.
Motion fee: $25 per motion Under S.C. Code Ann. § 8-21-320, every written motion filed in Family Court costs $25. This includes motions for temporary orders, motions to compel, and motions for court-approved settlements. Support-related show-cause motions are exempt.
Service of Process Costs
How you serve your spouse determines this cost:
| Method | Estimated Cost |
|---|---|
| Acceptance of Service (spouse signs voluntarily) | $0 (plus postage/notary if needed) |
| Sheriff delivery | $15-$25 |
| Certified mail | $10-$15 |
| Private process server | $50-$150 |
| Service by publication (missing spouse) | $50-$300+ (newspaper legal advertising rates) |
Acceptance of Service is free and fastest. Sheriff service is the budget option for uncooperative spouses. Service by publication is expensive and time-consuming — it requires court approval, three weekly newspaper publications, and 26+ days to complete.
Additional Costs
Certified copies: $0.50-$3.00 per page You'll need certified copies of the final decree for name changes, insurance updates, and financial institutions. The court charges $0.50 per page plus $1-$3 per certification seal.
Notary fees: $5-$15 per document The Financial Declaration (SCCA 430) must be notarized. Many banks, libraries, and UPS stores offer notary services. Some are free for account holders.
Mandatory parent education: $30-$80 Required in all cases involving minor children. The fee is paid directly to the court-approved provider and is generally not waivable through the court's indigency process.
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Total Cost Estimates
| Case Type | Typical Range |
|---|---|
| Simple uncontested (Rule 28, no children) | $150-$200 |
| Uncontested with hearing | $175-$275 |
| Default (spouse doesn't respond) | $175-$300 |
| Contested (with attorney) | $5,000-$25,000+ |
The Fee Waiver (In Forma Pauperis)
If you can't afford the filing fees, you can apply for a waiver using Form SCCA 405F (Motion and Affidavit to Proceed In Forma Pauperis). The process:
- Complete the IFP form with detailed financial information — household income, assets, debts, and monthly expenses
- Attach a completed, notarized Financial Declaration (SCCA 430)
- Submit the IFP package alongside your divorce filing packet
- The clerk holds your papers and forwards the package to a Family Court judge
- The judge reviews your finances against federal poverty guidelines
If approved, the $150 filing fee and subsequent court fees are waived. If denied, you'll receive a notice with a deadline to pay the full fee or face dismissal.
There's also a shortcut: if you're represented by South Carolina Legal Services (SCLS) or an approved legal aid volunteer attorney, they can file a Certification of Indigent Representation that automatically waives the filing fee without requiring a separate judicial order.
Hidden Costs People Miss
Parking and travel: Some county courthouses charge for parking. If your county isn't nearby, factor in gas and time off work for filing trips and hearings.
Second copies of documents: The court keeps your originals. If you don't make copies before filing, you'll pay per-page copy fees to get duplicates.
Time off work for hearings: Traditional hearings are scheduled during business hours. Even a quick 10-15 minute hearing might mean a half-day of lost wages.
The South Carolina Divorce Filing Process Guide includes a fee summary worksheet and step-by-step instructions for the IFP fee waiver application.
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