South Carolina Uncontested Divorce: Step-by-Step Process

An uncontested divorce in South Carolina means both spouses agree on everything — grounds, property division, debt allocation, custody, and support. No disputes go before a judge for resolution.

But "uncontested" doesn't mean simple. South Carolina still requires a formal judicial decree, a corroborating witness, and strict compliance with Family Court procedures. Here's how the process works.

Two Types of Uncontested Divorce

South Carolina recognizes two distinct uncontested tracks, and which one applies to you determines whether you ever set foot in a courtroom.

Simple Uncontested (Rule 28 — No Hearing)

If your case meets all of these conditions, you can skip the courtroom entirely:

• Divorce is based on one-year continuous separation (the no-fault ground)
• You're only requesting the divorce decree itself, plus an optional name change
• No minor children, no alimony, no property division at issue
• Your spouse is either in default or has filed an Answer consenting to the divorce

Under Family Court Rule 28, you submit sworn written affidavits from yourself, your spouse (if participating), and a corroborating witness, plus copies of state-issued photo IDs. A judge reviews everything in chambers and signs the Final Order without a hearing.

This is the fastest path — typically 3 to 4 months from filing to decree.

Uncontested with a Marital Settlement Agreement

If you have children, shared property, debts, or either spouse wants alimony, you'll need a written Marital Settlement Agreement (MSA) even though you agree on terms. The MSA covers:

• Child custody and parenting schedules
• Child support calculations (using South Carolina's statutory guidelines)
• Division of assets and debts
• Spousal support (alimony) terms
• Health insurance continuation
• Tax filing arrangements

A live final hearing is required for MSA cases — the judge needs to verify that the agreement is fair, especially regarding children. But the hearing is typically brief (10-15 minutes) when both sides agree.

Timeline: 3 to 6 months from filing to decree.

The Separation Requirement

For no-fault uncontested divorces, South Carolina requires 365 days of continuous physical separation before you can file. This means living in completely separate residences — separate bedrooms in the same house does not count.

Any resumption of cohabitation during the separation period resets the clock to day one. Courts have interpreted this strictly: even a brief move-back resets the timeline.

You'll need a corroborating witness — a neighbor, family member, coworker, or landlord — who can provide firsthand testimony that you and your spouse maintained separate households for the full year.

Filing Steps for an Uncontested Divorce

1. Complete the initiating forms: Cover Sheet (SCCA 467), Certificate of Exemption (SCRFCFORM02), Summons (SCCA 400.01), Complaint (SCCA 400.02), and Financial Declaration (SCCA 430, notarized).

2. File with the Clerk of Court in the correct county and pay the $150 filing fee.

3. Serve your spouse using an authorized method — Acceptance of Service (SCCA 400.03) is fastest for cooperative cases.

4. Wait 30 days for your spouse to file an Answer.

5. Choose your hearing path:

   • Rule 28 (no hearing) — submit affidavits and IDs
   • Traditional hearing — file Request for Hearing (SCCA 400.08), pay $25 fee, attend with your corroborating witness

6. Receive the Final Order of Divorce (SCCA 400.10) signed by the judge.

Writing a Separation Agreement

South Carolina courts do not provide a standard separation agreement template. You'll need to draft one that covers all the issues in your case. The agreement should be specific enough that a judge can enforce it — vague terms like "we'll split things fairly" won't survive judicial review.

Key sections to include: property division with specific items listed, debt allocation by account, parenting schedule with holiday and vacation provisions, child support amount with the statutory worksheet attached, and any spousal support terms with duration and conditions.

Both spouses should sign before a notary. While not strictly required for all MSAs, notarization prevents disputes about authenticity later.

When Uncontested Becomes Contested

A case can shift from uncontested to contested at any point before the final decree. If your spouse files an Answer disputing any issue, the case enters the contested track — which triggers mandatory mediation, potential discovery, and a significantly longer timeline (12-36 months).

The South Carolina Divorce Filing Process Guide covers both the Rule 28 no-hearing track and the MSA hearing process, with checklists for each path and a step-by-step guide to preparing your corroborating witness testimony.

See more South Carolina guides →