Served With Divorce Papers in South Carolina? How to Respond

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

If you have been served with divorce papers in South Carolina, you generally have 30 days from the date of service to file and serve a written answer. Your answer can also include a counterclaim asking for your own relief, such as custody, alimony or a share of property. Ignoring the papers does not stop the case, so the most useful thing you can do right now is mark the deadline and start organizing.

This guide explains what to do in the first days and weeks after being served. It is part of our South Carolina Divorce Guide.

First, Find Your Deadline

Under SCRCP Rule 12(a), a defendant must serve an answer within 30 days after being served with the complaint. Write down the date you were served and count forward 30 days. A few points help you get the date right:

• If you signed an acceptance of service, the date on that document usually controls.
• If you were served by certified mail, service is effective on the delivery date on the return receipt.
• If you received papers from a sheriff or process server, their proof of service will show the date.

Deadlines can sometimes be extended by agreement or court order, but do not assume an extension. Get any agreement in writing, and if in doubt, file on time.

Read the Summons and Complaint Carefully

The summons tells you the case number, the court, and how long you have to respond. The complaint lists, in numbered paragraphs, the facts your spouse claims and everything they are asking the court to order. Our guide to the summons and complaint explains each section.

As you read, make notes on:

• The ground for divorce your spouse claims, and whether the facts and dates are accurate
• The date of separation listed, which can affect a no-fault divorce and property questions
• What your spouse is asking for on custody, support, alimony, property and attorney fees
• Anything that is missing that you want the court to decide

What Goes in an Answer

An answer responds to each numbered paragraph of the complaint. For each one, you generally admit it, deny it, or state that you lack enough information to admit or deny it. Your answer can also raise defenses. In a fault-based case, for example, South Carolina law recognizes certain defenses, such as collusion, under S.C. Code § 20-3-20. Our guide to defenses to a fault-based divorce covers the others.

Under South Carolina’s fee rules, a defendant is not charged a filing fee for filing an answer. Confirm current practice with the Clerk of Court.

Adding a Counterclaim

A counterclaim is your own request for relief, included in your answer. You might counterclaim for:

• A divorce on a different ground, or on one year of separation once a year has passed
• Custody or a specific parenting schedule
• Child support or alimony, including temporary alimony under S.C. Code § 20-3-120
• Division of marital property and debts, or a finding that certain property is nonmarital
• Possession of the home, restraining provisions, or attorney fees
• Restoration of a former last name

Family Court Rule 18 says that failing to counterclaim for divorce does not bar you from filing your own divorce action later. Even so, if you want the court to award you something, raising it in your answer is usually the clearest path. If you file a counterclaim, your spouse generally has 30 days to reply.

File Your Financial Declaration

Each spouse must complete the South Carolina financial declaration (Form SCCA 430), listing income, expenses, assets and debts under oath. Under Family Court Rule 20, it must be filed and served by the first hearing or within 45 days of service, whichever comes first. If a temporary hearing is scheduled soon, that may be your real deadline. Our guide to the South Carolina financial declaration explains how to fill it out accurately.

If You Also Received Notice of a Temporary Hearing

Some complaints come with a motion for temporary relief and a notice of hearing. Temporary hearings decide issues such as custody, support and use of the home while the case is pending. Under Family Court Rule 21, as amended for requests submitted on or after October 1, 2025:

• The responding spouse must serve and file a return, and any request for their own temporary relief, no later than 10 days before the hearing.
• Written evidence, such as affidavits, is generally due no later than 5 days before the hearing.
• Evidence is generally limited to affidavits, financial declarations and other required documents, with page limits on affidavits.
• If custody is contested, each parent must file a proposed parenting plan.

These deadlines can arrive well before your 30-day answer deadline. See our guide to temporary hearings to prepare.

Why You Should Not Ignore the Papers

If you do not answer, the case can go forward without your input. Under Family Court Rule 17, a spouse who has not answered must still receive notice of the final hearing and may be heard on custody, visitation, alimony, support, property division and attorney fees. But by not answering, you give up the chance to shape the issues in writing, to file your own counterclaims, and to contest the facts in an organized way. Responding on time keeps your options open.

Practical Steps to Take Now

1. Calendar every deadline, including the answer date and any hearing date.
2. Gather financial records: tax returns, pay stubs, account statements, retirement summaries, loan and credit card statements.
3. Keep records and communications: save texts and emails, and write down important dates and events while they are fresh.
4. Do not move or hide money. Large unexplained withdrawals or transfers can hurt your credibility and may be treated as waste of marital assets. Our guide on protecting your finances covers safer steps.
5. Be careful with social media and messages. Assume anything you write may be shown to a judge.
6. Keep the children out of it. Avoid discussing the case with them or asking them to carry messages.
7. Talk to a family law attorney early, before your deadline is close.

What Happens Next

After the answer, the case usually moves into an exchange of financial information, possible discovery, mediation (required in most contested cases) and, eventually, a final hearing. Many cases settle along the way. Responding carefully and on time puts you in a better position for each of those steps.

Frequently Asked Questions

How long do I have to respond to divorce papers in South Carolina?

Generally 30 days after you are served, under SCRCP Rule 12(a). Check the date on your acceptance of service, return receipt or proof of service.

What happens if I do not respond?

The case can move forward toward a default. You must still receive notice of the final hearing and may be heard on issues like custody, support, alimony and property, but you lose the chance to file counterclaims and shape the issues.

Do I have to pay a fee to file an answer?

South Carolina’s fee rules generally do not charge a defendant for filing an answer. Confirm with the Clerk of Court.

Can I ask for alimony or custody in my answer?

Yes. You can include a counterclaim in your answer asking for custody, support, alimony, property division, attorney fees or a divorce on your own ground.

Is the 30-day deadline the only one I need to watch?

No. If a temporary hearing is scheduled, your return and evidence may be due sooner. Your financial declaration is due by the first hearing or within 45 days of service, whichever is first.

Sources

• SCRCP Rule 12 (Defenses and Objections)
• S.C. Code Title 20, Chapter 3 (Divorce)
• S.C. Family Court Rule 17 (Failure to File Answer)
• S.C. Family Court Rule 18 (Failure to Counterclaim for Divorce)
• S.C. Family Court Rule 20 (Financial Declaration)
• S.C. Family Court Rule 21 (Temporary Relief)
• S.C. Judicial Branch: Family Court Filing Fees