Discovery in a South Carolina Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Discovery is the formal process each spouse uses to get information and documents from the other side, and from outside sources like banks and employers, before a divorce is decided. South Carolina family courts encourage spouses to exchange information voluntarily, but Family Court Rule 25 allows formal discovery under the South Carolina Rules of Civil Procedure (SCRCP). Knowing the tools and deadlines helps you respond on time and ask for what you need.

Why Discovery Matters in a Divorce

Most contested divorce issues turn on facts that one spouse knows better than the other. Who controls the business books? Where did money from a refinance go? What does a retirement account hold? Discovery gives both sides access to the same information, which makes fair settlements and informed court decisions more likely.

Discovery often starts with the sworn financial declaration each spouse must file. Discovery is how the other side tests whether those numbers are complete.

Informal Exchange First

Family Court Rule 25 says the prompt, voluntary exchange of information before trial is encouraged. In many cases the attorneys trade tax returns, statements and appraisals by agreement. This can save time and cost. Formal discovery is still available when cooperation stops, when documents are missing, or when you need answers under oath.

The Main Discovery Tools

Interrogatories (written questions)

Interrogatories are written questions that the other spouse must answer in writing and under oath (SCRCP Rule 33). Answers are generally due within 30 days after service, although a defendant may take up to 45 days after being served with the summons and complaint. The court can shorten or extend the time.

South Carolina also has “standard interrogatories” in Rule 33(b), such as the names of witnesses and a list of relevant documents. These are treated as continuing, which means a party must promptly share new information that comes up later, up until trial.

Examples of divorce interrogatories include questions about employment history and income sources, accounts opened or closed in the last few years, transfers to family members, and the facts behind a fault ground.

Requests for production of documents

Under SCRCP Rule 34, a spouse can request documents and electronically stored information, such as bank and credit card statements, tax returns, business records, emails and texts, and photos. The written response is generally due within 30 days of service (45 days after service of the complaint for a defendant). Requests must describe items with reasonable particularity, and the response must say what will be produced and what is objected to.

Production requests are a common way to uncover hidden assets, unexplained cash withdrawals, or spending on a new partner.

Requests for admission

Requests for admission ask the other side to admit or deny specific facts or the genuineness of documents (SCRCP Rule 36). Take these seriously. A matter is treated as admitted if no written answer or objection is served within 30 days, and an admission is conclusively established unless the court allows it to be withdrawn. The rule limits each party to 20 requests in total to another party, including subparts, unless the court allows more; requests about the genuineness of documents are not limited.

Depositions

A deposition is sworn testimony given out of court, with a court reporter recording questions and answers (SCRCP Rule 30). Either spouse can be deposed, and so can witnesses such as a business partner. The rule generally requires 10 days’ notice, and a person may only be deposed once in a case unless the parties agree or the court orders otherwise for good cause.

To prepare for your deposition:

• Review your financial declaration, discovery answers and key documents.
• Listen to each question, pause, and answer only what was asked.
• Say “I don’t know” or “I don’t remember” if that is the truth. Do not guess.
• Stay calm. Your tone can matter if the transcript or video is used later.

Subpoenas to third parties

When the other spouse will not or cannot produce records, a subpoena can require a bank, employer, brokerage or other non-party to produce documents or appear (SCRCP Rule 45). Before a subpoena for documents is served, a copy must generally be served on every party at least 10 days before the compliance date. That gives the other side a chance to object.

Expert Witnesses in Discovery

Some divorces need people with specialized training to explain numbers or values to the court. Common expert witnesses in South Carolina divorces include:

• Forensic accountants, who trace funds, analyze business income and look for unreported cash.
• Business appraisers, who value a practice or closely held company. See our page on business valuation in divorce.
• Real estate appraisers, who value the marital home, rental property or land.
• Vocational evaluators, who may assess earning capacity when a spouse is unemployed or underemployed.

Under SCRCP Rule 26(e), a party must seasonably update discovery answers about who it expects to call as an expert witness, the subject of the testimony and its substance, when that was asked. Expert witnesses add cost, so spouses sometimes discuss whether a shared, neutral appraiser makes sense.

Timelines

There is no single discovery calendar for every family court case. The response deadlines above (generally 30 days, or 45 days after service of the complaint for a defendant) apply to each request. The overall schedule depends on the issues, the county, scheduling orders and whether the case is moving toward mediation or trial. Discovery does not stop because mediation is scheduled; under ADR Rule 5(b), the mediation conference does not delay discovery unless the court orders otherwise.

Starting discovery early is often helpful, because mediation works better when both sides have the key documents in hand.

Objections, Motions to Compel and Protective Orders

Discovery has limits. Under SCRCP Rule 26(b), discovery covers relevant, non-privileged matters. A party may object to a request that is overly broad, unduly burdensome or seeks privileged material, but must state the reasons for the objection.

When a spouse does not answer or gives incomplete answers, the requesting party can file a motion to compel under SCRCP Rule 37. Courts can impose sanctions for discovery failures, which may include paying the other side’s fees for the motion.

When discovery is abusive or too intrusive, a party can ask for a protective order under SCRCP Rule 26(c). For good cause, the court can order that discovery not happen, limit its scope, set conditions on time and place, or protect confidential business information. For example, a spouse who owns a medical practice might ask that patient information be redacted, or that business records be shared only with the attorneys and the accountant.

The court can also limit discovery that is unreasonably cumulative, duplicative or burdensome considering the needs of the case and the parties’ resources (Rule 26(a)).

Practical Tips for Responding

1. Calendar every deadline the day you receive requests.
2. Give your attorney complete documents, including ones that hurt your position. Surprises at trial are worse.
3. Do not delete texts, emails or social media posts. Destroying evidence can lead to sanctions.
4. Keep a log of what you produced and when.
5. Update your answers when facts change, since many requests are continuing.

For an overview of the full process, see the South Carolina Divorce Guide.

Frequently Asked Questions

How long do I have to answer interrogatories in a South Carolina divorce?

Generally 30 days after service. A defendant may answer within 45 days after being served with the summons and complaint. The court can change these times.

What happens if I ignore requests for admission?

Under SCRCP Rule 36, matters you do not answer or object to within 30 days are treated as admitted, and an admission is conclusively established unless the court allows you to withdraw it.

Can my spouse subpoena my bank records?

Yes. A subpoena under SCRCP Rule 45 can require a bank to produce records. A copy must generally be served on the parties at least 10 days before compliance, so you can object if there is a basis.

Can I limit discovery that feels like harassment?

You can ask the court for a protective order under SCRCP Rule 26(c). For good cause, the court can limit scope, set conditions, or protect confidential information.

Does discovery stop when mediation is scheduled?

No. Under ADR Rule 5(b), the mediation conference does not delay discovery unless the court orders otherwise.

Sources

• South Carolina Rules of Family Court, Rule 25 (Discovery)
• SCRCP Rule 26 (General Provisions Governing Discovery)
• SCRCP Rule 30 (Depositions)
• SCRCP Rule 33 (Interrogatories)
• SCRCP Rule 34 (Production of Documents)
• SCRCP Rule 36 (Requests for Admission)
• SCRCP Rule 45 (Subpoena)
• SC ADR Rule 5 (The ADR Conference)