Ready to start your divorce? Download the official South Carolina divorce papers today and take the first step toward a fresh beginning.
Get your divorce papersWhat Divorce Papers needs to be valid in South Carolina
- You or your spouse must have lived in South Carolina for at least one year before filing.
- You must have a legal ground for divorce, such as one year of continuous separation, adultery, or physical cruelty.
- You need to be legally married in the eyes of the law (no common-law marriages unless recognized before 2011).
- If you have children, you must establish paternity and have a parenting plan for custody and visitation.
- You must complete a certified copy of your marriage certificate and any separation agreements.
- If you're filing for an uncontested divorce, you and your spouse must agree on all issues (property, debts, support, custody).
How to set up a Divorce Papers in South Carolina
- Gather your information: marriage certificate, date of separation, and details about property, debts, children, and income.
- Download the required South Carolina divorce forms from the county's family court website or the state judicial department. You'll need a Summons, Complaint, and Financial Declaration.
- Fill out the forms carefully, noting that South Carolina requires a witness or notary for your signature on the Complaint and Financial Declaration.
- File your completed forms with the Clerk of Court in the county where you or your spouse lives, and pay the filing fee (typically between $150 and $200).
- Serve the divorce papers to your spouse, or have them sign a Waiver of Service if they agree to the divorce.
- Wait for your hearing date. For an uncontested divorce, you may be able to appear by phone or video, and the judge will finalize your divorce.
How much it costs
The filing fee for divorce in South Carolina varies by county, but you can expect to pay around $150 to $200. Additional costs may include notary fees, certified copies, and fees for service of process. If you hire an attorney, fees will be higher, but you can reduce costs by filing an uncontested divorce.
Before You Begin: SC Divorce Papers Checklist
Prepare these essentials before you start to avoid common delays in South Carolina's divorce filing process.
- Meet residency requirements: You or your spouse must have lived in SC for at least 1 year before filing (or 3 months if both live in SC and no children are involved).
- Gather required documents: marriage certificate, separation date proof, and if applicable, birth certificates for minor children, and financial records for support/division.
- Know your grounds for divorce: SC allows no-fault (1-year separation) or fault grounds (e.g., adultery, desertion). Your grounds affect the paperwork.
- Complete and sign all forms per county rules: Some counties require notarized signatures on certain forms, so check your local family court's requirements.
- Prepare court filing fee: Fees vary by county (typically $150-$200) and are payable at the clerk of court's office where you file.
- File in the correct county: Use the county where you or your spouse resides (or where the separation began) to ensure proper jurisdiction.
Questions people ask
Do I need a lawyer to file for divorce in South Carolina?
No, you can file for divorce on your own (pro se). However, it's helpful to consult an attorney if your case is complex or if you have significant assets or disputes.
How long does an uncontested divorce take in South Carolina?
An uncontested divorce can take as little as 30 to 90 days after the 30-day waiting period from serving the papers. The exact time depends on the court's schedule.
Can I get a divorce if my spouse doesn't agree?
Yes, you can file for a contested divorce, but it will take longer and be more expensive. You must still meet the residency requirements and have a legal ground.
Are there any special requirements for military spouses?
Military spouses may have additional considerations, such as the Servicemembers Civil Relief Act, which can affect the timeline. You may also qualify for a fee waiver in some cases.