How to Divorce a Spouse You Cannot Find in South Carolina

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

You can get divorced in South Carolina even if you do not know where your spouse is. After a genuine, documented search, you can ask the court for permission to serve your spouse by publishing the summons in a newspaper under S.C. Code § 15-9-710. Publication can lead to a divorce, but it has limits: a court may not be able to order an absent spouse to pay money or divide some property if it lacks authority over that spouse personally.

This guide walks through the search, the publication process, what the court can and cannot decide, and how timing works. It is part of our South Carolina Divorce Guide.

Step 1: Make a Diligent Search

A court will not allow service by publication just because you have lost touch. Under S.C. Code § 15-9-710, you must show by affidavit that your spouse cannot be found after due diligence. The search should be real and documented. Common steps include:

• Contacting your spouse’s relatives, friends, former coworkers and former landlords
• Trying every phone number, email address and social media account you know of
• Checking last known addresses in person or by mail, and noting returned mail
• Searching public records, such as court records, property records and inmate locators
• Checking with the last known employer, union or professional association
• Searching online, including obituaries and news reports
• If your spouse may be in the military, checking official service-member status records before any default

Keep a written log: the date, what you tried, who you contacted and the result. This log becomes the basis for the sworn affidavit the court reviews.

Step 2: File the Summons and Complaint

You file the case the same way as any divorce, with a summons and complaint filed with the Clerk of Court. When your spouse’s location is unknown, venue rules help. Under S.C. Code § 20-3-60, if the defendant is a nonresident or cannot be found, you can file in the county where you live. You must still meet the residency requirement: at least one year of living in South Carolina before filing, unless both spouses live here (then three months).

Under S.C. Code § 15-9-740, when publication is used, the complaint must be filed first, and the published summons states when and where it was filed.

Step 3: Ask for an Order of Publication

Next, you ask the court for an order allowing service by publication. The request is supported by your affidavit of diligent search. The court also needs to see that you have a valid claim against your spouse. If the court is satisfied, it signs an order of publication.

Section 15-9-710 allows publication in several situations, including when a South Carolina resident cannot be found after a diligent search, or has left the state or is hiding to avoid being served.

Step 4: Publish and Mail

Under S.C. Code § 15-9-740, the order designates one newspaper most likely to give your spouse notice, often one near their last known location. The summons is published at least once a week for three weeks. The court also directs that a copy of the summons be mailed to your spouse’s last known residence, unless no address is known or can be found with reasonable diligence.

Newspapers charge for legal notices, so ask about cost in advance. When publication is complete, the newspaper provides an affidavit of publication, and an affidavit of mailing is filed if mailing was required. These documents become your proof of service under SCRCP Rule 4(g).

Step 5: The Response Period and Default

After service by publication is complete, your spouse has the time stated in the summons to respond. If no answer is filed, you may ask the court to proceed by default. Ask your attorney whether notice of the final hearing must still be given to a spouse who has not answered, and at the hearing you will need to prove residency, your ground for divorce and the facts behind any other requests. Judges generally expect a witness other than you to corroborate the ground, such as your separation date.

Ask your attorney exactly when service by publication is considered complete in your case, since that date drives the deadlines.

What the Court Can and Cannot Decide

This is the most important limit to understand. Courts generally can end a marriage when the plaintiff meets the residency rules, even if the other spouse was served only by publication. Orders that require the absent spouse to do something, especially pay money, are different.

“Personal jurisdiction” means the court’s authority over a particular person, usually based on where they live, where they were served, or their connections to the state. If your spouse later turns up, it may be possible to bring a separate action for support. Talk with an attorney about what you are giving up, or postponing, by proceeding without your spouse.

Timing

Expect the search and publication process to add time to your case. The three-week publication period, the response period and court scheduling all come before a final hearing. The ground you use also matters:

• One year of separation or desertion: under S.C. Code § 20-3-80, the final hearing may be held once the defendant is in default, so these cases can move to a hearing after the response period passes.
• Adultery, physical cruelty or habitual drunkenness: a judge generally cannot grant the final decree until at least three months after filing.

If your spouse simply left and has stayed away for a year, desertion or one-year separation may fit your situation. Proof of those grounds still needs corroboration.

If You Find Your Spouse Partway Through

If you locate your spouse before publication is complete, it is usually better to switch to personal service or acceptance of service. Personal service gives the court a firmer basis for orders on support and property. If your spouse is in another state, personal service there has the same effect as publication under S.C. Code § 15-9-750, without the need for a publication order. See divorce when your spouse lives in another state or, if they are abroad, divorcing a spouse who lives overseas.

For the methods of service generally, see our guide on how divorce papers are served.

Frequently Asked Questions

Can I get divorced in South Carolina if I don’t know where my spouse is?

Yes. After a documented diligent search, the court can authorize service by publication, and the case can move forward without your spouse.

How long does publication run?

Under S.C. Code § 15-9-740, the summons is published at least once a week for three weeks in a newspaper the court designates.

Can I get alimony from a spouse I served by publication?

Often not. Orders to pay money usually require personal jurisdiction over the spouse, which publication alone generally does not provide. Ask an attorney about your options.

Which county do I file in if my spouse is missing?

If the defendant cannot be found, S.C. Code § 20-3-60 allows filing in the county where you live, provided you meet the residency requirement.

What counts as a diligent search?

A real, documented effort: contacting family and friends, checking last addresses, searching public records and online, and keeping a log of each attempt for your affidavit.

Sources

• S.C. Code Title 15, Chapter 9 (Service of Process)
• S.C. Code Title 20, Chapter 3 (Divorce)
• SCRCP Rule 4 (Process)
• S.C. Family Court Rule 17 (Failure to File Answer)