How to File for Divorce in South Carolina: Step by Step

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

To file for divorce in South Carolina, you prepare a summons and complaint, file them with the Clerk of Court in the right county, pay the filing fee (or ask for a waiver), and formally serve your spouse. From there, the case moves through an answer, financial disclosures, possibly a temporary hearing and mediation, and a final hearing where a judge decides whether to grant the divorce. This guide walks through each step in order so you know what comes next.

The steps below describe the general process in South Carolina family court. Local procedures differ somewhat from county to county, and your own facts shape which steps apply, so treat this as a map rather than a set of instructions for your specific case. For an overview of every topic in our series, see the South Carolina Divorce Guide.

Step 1: Confirm You Meet the Residency Requirement

Before a South Carolina family court can hear your divorce, at least one spouse must have lived in the state long enough. Under S.C. Code § 20-3-30, the person filing (the plaintiff) must have lived in South Carolina for at least one year before filing. If the plaintiff lives outside South Carolina, the case can still be filed here if the defendant (the other spouse) has lived in South Carolina for at least one year. If both spouses live in South Carolina when the case is filed, the plaintiff needs only three months of residence.

Active-duty service members stationed in South Carolina can count continuous presence here as residence. If you recently moved, count the months carefully. Filing too early may lead to the case being dismissed and having to start over.

Step 2: Identify Your Ground for Divorce

South Carolina allows divorce on five grounds only, listed in S.C. Code § 20-3-10:

1. Adultery
2. Desertion for one year
3. Physical cruelty
4. Habitual drunkenness, including drunkenness caused by narcotic drug use
5. Living separate and apart without cohabitation for one year (the only no-fault ground)

The ground you choose affects timing and what you will need to prove. A no-fault divorce requires a full year of living apart, which can be completed before you file. A fault ground such as adultery can be filed right away, but it must be proven with evidence, and the law sets a minimum waiting period before a final decree (see Step 12).

Family court judges also generally expect the ground, including the date of separation in a no-fault case, to be backed up by a witness other than the spouses or by other evidence. Start thinking now about who could confirm your separation date or the facts behind a fault ground.

You do not need a ground to ask for some relief. A spouse who is not ready to divorce, or who has not yet been separated a year, may be able to file for separate maintenance and support, which can address custody, support and property while the marriage continues.

Step 3: Choose the Right County (Venue)

“Venue” means which county’s family court hears the case. Under S.C. Code § 20-3-60, you generally file in one of these counties:

• The county where the defendant (the other spouse) lives
• The county where you live, if the defendant lives out of state or cannot be found
• The county where the two of you last lived together as spouses

There is one important exception. If you, the plaintiff, do not live in South Carolina, you must file in the county where the defendant lives. Filing in the wrong county can lead to a motion to move the case, which adds delay and cost.

Step 4: Gather Your Information and Documents

Before drafting anything, collect the facts the complaint and later filings will need. A short working list:

• Full legal names, dates of birth and current addresses for both spouses
• Date and place of marriage, and the date you separated
• Names and birth dates of any children of the marriage, and where they have lived recently
• Pay stubs, tax returns and a list of monthly expenses (needed for the financial declaration)
• Statements for bank, retirement and investment accounts, plus mortgage, loan and credit card balances
• Any prenuptial or postnuptial agreement, and any existing court orders involving the family
• Names of people who can confirm your separation date or other facts

Organizing these records early makes every later step faster and usually less expensive.

Step 5: Prepare the Summons and Complaint

A South Carolina divorce starts with two documents. The summons notifies your spouse that a case has been filed and tells them how long they have to respond. The complaint sets out the facts and asks the court for specific relief.

A divorce complaint usually covers residency, the date of marriage and separation, the ground for divorce, and every issue you want the court to decide. That can include custody and visitation, child support, alimony, division of property and debts, attorney fees, and restoring a former last name. If you leave out a request, you may need to amend the complaint later to add it. Our guide to the summons and complaint for divorce explains each part in more detail.

If your situation is simple, the South Carolina Judicial Branch publishes self-help forms for a simple divorce based on one year of separation, with no children and no property or debt to divide. Those forms are an option for people whose case fits that description. They are not designed for cases involving children, alimony, retirement accounts or contested property.

Step 6: File With the Clerk of Court and Pay the Fee

Next, file the summons and complaint with the Clerk of Court for family court in the county you chose. The statewide family court filing fee for a divorce complaint is currently $150. Confirm the amount with the Clerk of Court before you file, since fees can change.

If you cannot afford the fee, you can ask the court to let you proceed without paying it. The Clerk of Court’s office can tell you which form and supporting information it requires. Once filed, your case receives a case number, which goes on every later document.

Step 7: Serve Your Spouse

Filing alone is not enough. Your spouse must be formally “served,” meaning given the summons and complaint in a way the rules recognize. Under SCRCP Rule 4, common options include:

• Personal delivery by the sheriff’s office or by any adult 18 or older who is not a party to the case
• Certified mail, return receipt requested, with delivery restricted to your spouse
• Acceptance of service, where your spouse signs a written acknowledgment that they received the papers

You cannot hand the papers to your spouse yourself as formal service. After service, the person who served the papers files proof of service so the court has a record of the date. If your spouse cannot be found after a diligent search, the court can authorize service by publication in a newspaper. Our guide on how divorce papers are served covers each method and its pitfalls.

Step 8: Wait for the Answer (30 Days)

Once served, your spouse has 30 days to file and serve an answer under SCRCP Rule 12(a). The answer admits or denies the statements in your complaint. It may also include a counterclaim, which is your spouse’s own request for relief, such as a divorce on a different ground or a request for custody or alimony. If a counterclaim is filed, you generally have 30 days to file a reply.

If your spouse does not respond, the case may proceed by default. Under Family Court Rule 17, a spouse who has not answered must still receive notice of the final hearing, and may still be heard on issues such as custody, visitation, alimony, support, property division and attorney fees.

Step 9: Exchange Financial Declarations

Each spouse must complete South Carolina’s financial declaration form (SCCA 430). It lists income, monthly expenses, assets and debts, and it is signed under oath. Under Family Court Rule 20, each party must file and serve a current financial declaration by the first hearing or within 45 days of service, whichever comes first. The court can impose sanctions for failing to comply.

Accuracy matters. Judges rely on these declarations for temporary support, alimony, child support and property decisions, and errors can damage your credibility. If you need more information from your spouse than the declaration shows, the formal discovery process allows written questions, document requests, depositions and subpoenas.

Step 10: Ask for a Temporary Hearing If You Need One

A divorce can take months. If you need decisions now about where the children live, who pays the bills, who stays in the home, or temporary alimony and child support, either spouse can ask for a temporary hearing. The judge issues temporary orders that remain in place while the case is pending.

Under Family Court Rule 21, as amended for requests submitted on or after October 1, 2025, these hearings are short and evidence is generally limited to affidavits, financial declarations and other required documents. Affidavits have page limits, and live testimony is not allowed without good cause. When custody is contested, each parent must file a proposed parenting plan. Our guide to temporary hearings in South Carolina family court explains how to prepare.

Step 11: Attend Mediation

Mediation is required in most contested South Carolina divorce cases under ADR Rule 3. A neutral mediator meets with both spouses, often in separate rooms, and helps them try to reach an agreement. The mediator does not decide anything. Exceptions exist, including temporary relief hearings and some cases involving domestic violence.

Many cases settle in or after mediation. If you reach an agreement, it is usually written into a marital settlement agreement that a judge reviews at the final hearing. Learn more in our guide on whether mediation is required in a South Carolina divorce.

Step 12: Wait Out the Required Time Periods

South Carolina has its own timing rules for divorce. Under S.C. Code § 20-3-80, a judge generally cannot grant a final divorce until at least three months after the complaint is filed. That waiting period applies to divorces based on adultery, physical cruelty and habitual drunkenness.

For divorces based on one year of separation or desertion, the final hearing may happen once your spouse has filed responsive pleadings or is in default, whichever happens first. Remember, though, that the separation ground itself requires a full year apart. For a broader look at how long each stage tends to take, see our article on the South Carolina divorce timeline.

Step 13: The Final Hearing

At the final hearing, the judge decides whether to grant the divorce and either approves your settlement agreement or decides the disputed issues after hearing evidence. In an uncontested case, the hearing is often brief. You typically testify to the basic facts, and judges usually expect a corroborating witness to confirm the ground, such as your separation date.

By law, the judge must also make an effort at reconciliation and state that it failed before granting a divorce, except in default cases. In practice, this often takes the form of a few questions about whether the marriage can be saved. Our article on the final divorce hearing describes what to bring and what to expect.

Step 14: The Final Decree and What Comes After

If the judge grants the divorce, a written final order and decree of divorce is signed and filed. The decree ends the marriage and sets out the court’s decisions on custody, support, alimony, property and any name change. Read it carefully as soon as you receive it.

Some tasks happen after the decree:

• Preparing and submitting orders needed to divide retirement accounts, such as a QDRO
• Transferring titles, refinancing or removing a spouse from a mortgage
• Updating beneficiary designations, insurance and your estate plan
• Changing your name with Social Security, the DMV and your bank, if the court restored a former name

If you disagree with the result, a motion to alter or amend under SCRCP Rule 59(e) must generally be served within 20 days of receiving written notice of entry of the order (the deadline was 10 days before rule amendments that took effect April 30, 2026). A notice of appeal is generally due within 30 days of receiving written notice of entry.

How Much Does Filing Cost?

The filing fee is only one piece of the total cost. Service fees, mediation, appraisals, and attorney time all add up, and contested issues tend to increase every category. Our article on the cost of divorce in South Carolina breaks down what affects the price.

Quick Checklist

Frequently Asked Questions

Do I need my spouse’s permission to file for divorce in South Carolina?

No. You can file and serve your spouse without their agreement. If your spouse does not respond, the case can move forward by default, though they must still get notice of the final hearing.

How long does my spouse have to respond after being served?

Thirty days after service under SCRCP Rule 12(a). The answer can include a counterclaim asking for the spouse’s own relief.

What is the filing fee for a divorce in South Carolina?

The statewide family court filing fee for a divorce complaint is currently $150. Confirm the amount with the Clerk of Court, and ask about a fee waiver if you cannot afford it.

Can I file for divorce before we have been separated a year?

Yes, if you have a fault ground such as adultery, physical cruelty or habitual drunkenness, or if you file for separate maintenance and support. A no-fault divorce requires a full year apart.

Do I have to go to court to get divorced?

Generally yes. Even in an uncontested case, a judge holds a final hearing before granting the divorce. These hearings are often short when the spouses agree.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• SCRCP Rule 4 (Process)
• SCRCP Rule 12 (Defenses and Objections)
• S.C. Family Court Rule 17 (Failure to File Answer)
• S.C. Family Court Rule 20 (Financial Declaration)
• S.C. Family Court Rule 21 (Temporary Relief)
• S.C. ADR Rule 3 (Mediation in Domestic Relations Cases)
• S.C. Judicial Branch: Family Court Filing Fees
• S.C. Judicial Branch: Self-Help Resources