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Filing for divorce in South Carolina

What you file, where you file, what it costs, and the rules that catch people out. Compiled from South Carolina court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
SCCA 467 Family Court Cover Sheet
SCCA 400.01 Summons for Divorce
SCCA 400.02 Complaint for Divorce, stating your ground and requested relief
SCCA 430 Financial Declaration, notarized, due within 45 days of service or before the first hearing
Certificate of Exemption from alternative dispute resolution
Acceptance of Service, if your spouse will sign instead of being served
SCCA 466 Proposed Parenting Plan and a child support worksheet, if you have children
SCCA 405 Motion and Affidavit to Proceed In Forma Pauperis, the fee waiver
Where you fileFamily Court in the county where your spouse lives, or where you last lived together. If your spouse is out of state, file where you live.
What it costs$150 in all 46 counties, plus $40 to $100 for service. Waivable, but if the waiver is denied and you miss the payment date, the case is dismissed.
The sequence
1. Finish the full separation year before you file, not before the hearing. Filing early gets the case dismissed, and any reconciliation resets the clock.
2. Download the free Self-Represented Litigant divorce packet and complete the five core forms, filling in the caption on every page.
3. Make two copies of the entire packet and file the originals with the Clerk of Court. The clerk assigns a docket number and returns your copies.
4. Serve your spouse, or have them sign an Acceptance of Service. They have 30 days to respond, or 35 if out of state.
5. File your notarized Financial Declaration, and complete the parenting course if you have children.
6. Request your hearing. Every South Carolina divorce requires one, and it runs 15 to 30 minutes with your testimony plus a corroborating witness.
Watch the 365-day rule. If you do not request a hearing or an extension within a year of filing, the judge can dismiss the case and you pay the $150 again. Free packets are at sccourts.org.
Court forms

South Carolina files a Summons and Complaint in Family Court, plus a notarized Financial Declaration (SCCA-430) when support or property is at issue. The filing fee is $150 statewide, and a hearing is required in every case. Fee waivers are available for low-income filers.

State rules and gotchas

There is no "irreconcilable differences" here; you must live apart a full year Verified Jul 2026

South Carolina is one of the few states with no incompatibility ground. Your only no-fault path is living completely separate and apart for one continuous year before you can even file, and the courts are strict: separate bedrooms in the same house do not count, one spouse must move out, and any reconciliation resets the year.

Source: S.C. Code Section 20-3-30 and Barnes v. Barnes. Confirm the current rule with the court before relying on it.

Fault lets you skip the year, and adultery can wipe out your alimony Verified Jul 2026

If you can prove adultery, physical cruelty, habitual drunkenness, or one-year desertion, you can file immediately without the separation wait. But fault cuts both ways: a spouse who commits adultery before signing a settlement or getting a separate-maintenance order is barred by statute from receiving any alimony.

Source: S.C. Code Sections 20-3-10 and 20-3-130. Confirm with the court.

A hearing is required, a witness must back you up, and the property split is permanent Verified Jul 2026

Every South Carolina divorce requires a Family Court hearing, and on the separation ground you must bring an independent witness to testify the two of you lived apart for a year. Property is divided by equitable apportionment (15 factors, not automatic 50/50), and unlike alimony, that division is final and cannot be modified later.

Source: S.C. Code Section 20-3-620. Confirm with the court.

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