South Carolina Divorce Decree: Final Order, Rule 28, and What Comes Next

The Final Order of Divorce — filed as SCCA 400.10 SRL-DIV in South Carolina — is the document that legally ends your marriage. It's not generated by the court. You draft it, bring it to the hearing (or submit it with your Rule 28 package), and the judge signs it if everything checks out.

How to Get the Final Decree

There are two paths to a signed Final Order, depending on your case type:

Path 1: Rule 28 (No Hearing Required)

If your case qualifies for Rule 28 — uncontested, no-fault, no children, no property or support at issue — you submit a package to the judge for review in chambers:

• Your sworn affidavit (testimony in writing about your marriage, separation, residency)
• Your corroborating witness's sworn affidavit (confirming the separation from personal knowledge)
• Your spouse's affidavit (if they're participating) or proof of default
• Copies of state-issued photo IDs for all parties and the witness
• Your proposed Final Order of Divorce (SCCA 400.10)

The judge reviews the package without scheduling a hearing. If everything is complete and consistent, the judge signs the decree. If something raises questions — inconsistent dates, incomplete testimony, missing documentation — the judge can deny Rule 28 and schedule a live hearing instead.

Path 2: Traditional Final Hearing

For all other cases (children involved, property division, alimony, or any contested issues), you attend a live hearing. Typical format:

1. You take the stand and testify about your marriage, grounds, separation, and any agreements
2. Your corroborating witness testifies about the separation
3. If there's a Marital Settlement Agreement, you present it to the judge
4. The judge reviews everything, asks questions, and either signs the Final Order or requests modifications

Hearings for uncontested cases with agreements typically last 10-15 minutes. Contested matters take longer.

What the Judge Reviews

Before signing the decree, the judge verifies:

• Jurisdiction and venue — residency requirements are met and you filed in the correct county
• Grounds — the basis for divorce has been established (365-day separation, adultery, etc.)
• Corroboration — an independent witness has confirmed the key facts
• Children's interests — if children are involved, the custody arrangement and support calculation serve their best interests
• Fairness of agreements — if a Marital Settlement Agreement is presented, the judge ensures it's fair, voluntary, and not the product of coercion
• Vital statistics form — the DHEC 0682 (Report of Divorce or Annulment) is completed for state records

The judge retains discretion to reject any provision that appears unfair, modify custody arrangements that don't serve children's interests, or request additional documentation before signing.

What Happens After the Decree Is Signed

Once the judge signs the Final Order, your divorce is legally effective. There's no additional waiting period after the decree is entered. But several administrative steps follow:

Get certified copies. You'll need certified copies of the decree for name changes, insurance updates, bank account changes, and property transfers. The Clerk of Court charges $0.50 per page plus $1-$3 per certification seal. Order several copies — you'll use them more often than you expect.

File the vital statistics form. The court forwards the DHEC 0682 to the Department of Health and Environmental Control to update marriage records. Verify this has been submitted.

Update your legal documents. Your divorce decree doesn't automatically change anything else. You'll need to separately update your will, beneficiary designations, insurance policies, bank accounts, vehicle titles, and tax withholding.

Record property transfers. If the decree awards real estate to one spouse, file the deed transfer with the county Register of Deeds. Mortgage obligations don't automatically transfer — you'll need to refinance if you want to remove your spouse from the mortgage.

Can the Decree Be Modified?

Parts of the final decree can be modified after entry:

• Child custody and support — modifiable upon showing a substantial change in circumstances
• Alimony — periodic alimony can be modified; lump-sum alimony cannot
• Property division — generally not modifiable once the decree is final

To challenge or set aside the decree itself, your spouse would need to file a motion under Rule 60 of the SC Rules of Civil Procedure, typically within one year, showing fraud, mistake, or excusable neglect.

The South Carolina Divorce Filing Process Guide includes a detailed guide to drafting the Final Order, a hearing preparation checklist, and a post-decree administrative checklist covering every update you'll need to make.

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