South Carolina Divorce Petition

Filing a Divorce Petition in South Carolina

South Carolina calls this proceeding a divorce, specifically a divorce from the bonds of matrimony, not a "dissolution of marriage," and the spouses appear as Plaintiff and Defendant in the South Carolina Family Court, a division of the Circuit Court and Court of Common Pleas system. Before you file, the residency test in S.C. Code Ann. § 20-3-30 must be met. The plaintiff must have resided in South Carolina for at least one year before commencing the action. If the plaintiff is a nonresident, the defendant must have lived in the state for that year instead. When both parties are South Carolina residents at the time the action is commenced, the plaintiff need only have resided in the state for three months.

Choosing a Ground

S.C. Code Ann. § 20-3-10 sets out five grounds, blending fault and no-fault. The four fault grounds are adultery, desertion for one year, physical cruelty, and habitual drunkenness from alcohol or narcotic drugs. The fifth is the no-fault ground, available on the application of either party once the spouses have lived separate and apart without cohabitation for a period of one year. That one-year separation is mandatory for a no-fault divorce. Fault grounds carry no separation requirement, but the final hearing generally may not be held until three months after filing.

Preparing the Petition

The action opens with a Summons (Domestic Relations) and a Complaint for Divorce, filed with a Family Court Cover Sheet (SCCA/Form 400). The Complaint identifies the parties, alleges the residency facts under § 20-3-30, states the chosen ground under § 20-3-10, and sets out the relief you seek. The filing fee is $150. After filing, you must serve the Defendant with the Summons and Complaint so the case can move forward. A carefully drafted Divorce Petition (/legal-document/divorce-petition) that pleads the correct ground and the matching separation or hearing timeline keeps the case moving through the Family Court without avoidable delay.

Dividing Property

South Carolina is an equitable-distribution state. The Family Court divides marital property by equitable apportionment under S.C. Code Ann. §§ 20-3-610 through 20-3-680, aiming for a fair, though not automatically equal, division. Your Complaint should identify marital assets and debts so the court can apportion them under those provisions, alongside any requests for support, custody, or attorney's fees.

Timing at a Glance

A no-fault filer must first complete a full year of continuous separation, then file. A fault-ground filer can proceed on the qualifying conduct but should expect the final hearing no sooner than three months after filing. Either way, confirm the residency period, one year, or three months for two South Carolina residents, before commencing. Divorce is stressful, and getting these timing rules right early spares you a dismissed or delayed case. Meeting the § 20-3-30 residency rule, pleading a valid § 20-3-10 ground, attaching SCCA/Form 400, and paying the $150 fee are the concrete steps that turn a South Carolina divorce petition into a filed case.