What Happens at a Final Divorce Hearing in South Carolina

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

The final divorce hearing is the court date where a South Carolina family court judge decides whether to grant the divorce and resolves, or approves an agreement on, the remaining issues. In an uncontested case it may be short, with testimony from you and a corroborating witness. In a contested case it is a trial, with witnesses, exhibits and arguments on each disputed issue.

When the Final Hearing Can Happen

South Carolina sets minimum waiting periods in S.C. Code § 20-3-80 (see Title 20, Chapter 3). For divorces based on adultery, physical cruelty or habitual drunkenness, the final decree cannot be entered until three months after filing. For divorces based on one year of separation or desertion, the hearing and decree may take place once responsive pleadings are filed or the defendant is in default, whichever is first. The one-year separation itself must be complete.

Contested cases also usually must go through mediation first, because under ADR Rule 4(d) a merits hearing will not be scheduled until a Proof of ADR is filed. For a broader look at timing, see the South Carolina divorce timeline.

Uncontested Final Hearings

A final hearing is uncontested when the spouses have settled every issue, or when the defendant has not responded and is in default. These hearings are often brief. A typical sequence:

1. Case called. The judge confirms who is present and what is being requested.
2. Your testimony. You (usually the plaintiff) testify under oath to the basic facts: the date and place of the marriage, residency in South Carolina, the date of separation or facts supporting the fault ground, children of the marriage, and whether there is any chance of reconciliation.
3. Corroborating witness. A witness other than you or your spouse confirms key facts, such as that you have lived separate and apart for more than a year.
4. Agreement approval. If there is a settlement agreement, the judge asks each spouse questions about it.
5. Ruling. The judge announces whether the divorce is granted and whether the agreement is approved.

The Judicial Branch’s self-help packet for simple divorces includes sample scripts for the plaintiff’s testimony and for questioning a witness, which show the kinds of questions judges expect.

Testimony on Residency and Grounds

The judge needs proof of the facts that make a divorce legally available:

• Residency. Under S.C. Code § 20-3-30, the plaintiff must have lived in South Carolina for at least one year before filing, or three months if both spouses lived here when the case was filed. If the plaintiff lives elsewhere, the defendant must have lived in South Carolina for one year.
• Grounds. One of the five grounds in S.C. Code § 20-3-10 must be proven. In a one-year separation case, that means testimony about when you separated and that you have lived separate and apart without cohabitation since then.

The Corroborating Witness

South Carolina family court judges generally expect the grounds for divorce, including the date of separation, to be corroborated by a witness other than the spouses or by other evidence. Practice varies by judge, so ask your attorney what your judge usually expects. A good witness is someone who has personal knowledge, such as a friend, neighbor or relative who knows where each spouse has been living.

Our guide on whether you need a corroborating witness explains who can serve and how to prepare them.

The Reconciliation Finding

S.C. Code § 20-3-90 requires the court to make an earnest effort to bring about a reconciliation and to state in the decree that the effort failed, except in default cases. In practice, the judge usually asks whether there is any reasonable chance you and your spouse will get back together. Answer honestly. If you are unsure, tell your attorney before the hearing. Our guide on what happens if you reconcile during a divorce covers that situation.

Approval of a Settlement Agreement

When the spouses have signed a marital settlement agreement, the judge reviews it before approving it. Expect questions such as:

• Did you read and understand the entire agreement?
• Did you sign it voluntarily, without pressure or threats?
• Have you had the opportunity to consult an attorney?
• Did you and your spouse share full financial information?
• Do you believe the agreement is fair?

If children are involved, the judge also looks at whether the custody, visitation and support terms serve the children’s best interest. Child support should follow the South Carolina Child Support Guidelines or the agreement should explain why it does not.

Contested Final Hearings

When issues remain, the final hearing is a trial before the judge. There is no jury in South Carolina family court. A contested hearing may last hours or days, depending on the issues and the court’s schedule. It often includes:

• opening statements from each side’s attorney;
• testimony from both spouses and other witnesses, with cross-examination;
• exhibits such as financial records, appraisals and texts;
• expert witness testimony, such as a business appraiser or forensic accountant;
• in custody cases, the guardian ad litem‘s report and testimony; and
• closing arguments.

The judge applies the legal factors for each issue, such as the equitable distribution factors in S.C. Code § 20-3-620 and the alimony factors in § 20-3-130(C). Updated financial declarations are usually needed. Under S.C. Code § 63-15-220, filing an updated parenting plan at the final hearing is optional.

Preparing for Your Final Hearing

• Confirm your witness can attend and knows the date, time and courtroom.
• Review your testimony with your attorney, especially dates.
• Bring copies of the agreement, your current financial declaration and any exhibits.
• If you want to resume a former name, make sure the request is in the pleadings or agreement so the court can address it under S.C. Code § 20-3-180.
• Dress as you would for an important meeting, and plan for security lines.

The Ruling and the Decree

In an uncontested case, the judge often announces the ruling at the end of the hearing. In a contested case, the judge may rule from the bench or take the matter under advisement and issue a decision later. Either way, the divorce is formalized in a written order, often drafted by one attorney at the judge’s direction and signed by the judge.

Once the decree is signed and filed, there are follow-up tasks and deadlines. Read your South Carolina divorce decree: what it includes, and if you disagree with a contested ruling, learn about appealing a divorce decree. For the full process, return to the South Carolina Divorce Guide.

Frequently Asked Questions

How long does an uncontested final divorce hearing take in South Carolina?

Often a short hearing, but timing depends on the judge, the docket and whether there is an agreement to review.

Do I need a witness at my final divorce hearing?

Judges generally expect a corroborating witness or other evidence for the grounds, including the date of separation. Practice varies by judge.

Does my spouse have to attend the final hearing?

Not always. If your spouse is in default, the hearing can proceed without them. If there is an agreement, the judge generally needs to question both spouses about it.

Will the judge ask about reconciliation?

Usually. S.C. Code § 20-3-90 requires the court to try to bring about a reconciliation and find that the effort failed, except in default cases.

Is there a jury at a contested divorce trial in South Carolina?

No. Family court cases are decided by a judge.

Sources

• S.C. Code Title 20, Chapter 3 (§§ 20-3-10, 20-3-30, 20-3-80, 20-3-90, 20-3-130, 20-3-180, 20-3-620)
• S.C. Code Title 63, Chapter 15 (§ 63-15-220, parenting plans)
• SC ADR Rule 4 (Selection of Neutral; Proof of ADR)
• SC Judicial Branch, Self-Represented Litigant Simple Divorce Packets