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South Carolina Divorce Petition

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Introduction

A divorce petition, which South Carolina styles a Complaint for Divorce, is the formal legal pleading a spouse files with the Family Court to open a case and ask the court to legally end the marriage. Under S.C. Code Ann. § 20-3-30, the plaintiff must have resided in South Carolina at least one year before commencing the action; if the plaintiff is a nonresident, the defendant must have lived here for a year; and when both spouses are South Carolina residents at commencement, the plaintiff need only have resided in the state three months. South Carolina recognizes five grounds under § 20-3-10: four fault grounds, adultery, one year's desertion, physical cruelty, and habitual drunkenness, plus the no-fault ground of living separate and apart without cohabitation for one continuous year. Fault grounds require no separation, though the final hearing generally cannot be held until three months after filing. The action opens with a Summons (Domestic Relations) and a Complaint for Divorce, filed with a Family Court Cover Sheet (SCCA/Form 400) and a $150 fee, and marital property is divided by equitable apportionment under §§ 20-3-610 through 20-3-680.

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Key Things to Know

  1. 1

    What it is: In South Carolina the divorce petition is filed as a Complaint for Divorce, the formal pleading that opens a divorce case. You file it with the Family Court, together with a Summons (Domestic Relations), to ask the court to legally end the marriage.

  2. 2

    Residency: Under S.C. Code Ann. § 20-3-30, the plaintiff must have resided in South Carolina at least one year before commencing the action; if the plaintiff is a nonresident, the defendant must have lived here for a year; but when both spouses are South Carolina residents at commencement, the plaintiff need only have resided in the state three months.

  3. 3

    Grounds: S.C. Code Ann. § 20-3-10 recognizes five grounds: (1) adultery, (2) desertion for one year, (3) physical cruelty, (4) habitual drunkenness from alcohol or narcotic drugs, and (5) the no-fault ground of living separate and apart without cohabitation for one year.

  4. 4

    Waiting period: For the no-fault ground, S.C. Code Ann. § 20-3-10(5) requires one full year of continuous separation before a divorce can be granted; in fault-ground cases the final hearing generally may not be held until three months after filing.

  5. 5

    Court and forms: Divorce actions are heard in the South Carolina Family Court, a division of the Circuit Court and Court of Common Pleas system, where the parties are called Plaintiff and Defendant. To open the case you file a Summons (Domestic Relations) and a Complaint for Divorce together with a Family Court Cover Sheet (SCCA/Form 400).

  6. 6

    Property: South Carolina divides marital property by equitable apportionment under S.C. Code Ann. §§ 20-3-610 through 20-3-680, an equitable, not automatically equal, split.

  7. 7

    Fee and terminology: The filing fee is $150, and the proceeding is a 'divorce' (divorce from the bonds of matrimony), not a 'dissolution of marriage.'

Key decisions before you file

Before you file a Divorce Petition in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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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.

South Carolina Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: S.C. Code Ann. § 20-3-30: the plaintiff must have resided in South Carolina at least one year prior to commencing the action; if the plaintiff is a nonresident, the defendant....

Residency (County)

Must file in the correct county Family Court the South.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. S.C. Code Ann. § 20-3-10 lists: (1) adultery; (2) desertion for one year; (3) physical cruelty; (4) habitual drunkenness (alcohol or narcotic drugs); and (5) the no-fault....

Waiting Period

Mandatory waiting period: One year of continuous separation for the no-fault ground (S.C. Code Ann. § 20-3-10(5)). For fault-ground cases, the final hearing....

Required Forms

Must file correct state forms: Summons (Domestic Relations) and Complaint for Divorce, filed with a Family Court Cover Sheet (SCCA/Form....

Property Division

Property is divided according to: Equitable distribution (equitable apportionment of marital property), governed by the Equitable Apportionment of Marital Property... laws.

Filing Fee

Filing fee is typically $150 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In South Carolina, a divorce petition is the opening pleading that asks the court to end your marriage, and it is titled the Complaint for Divorce. You file it, along with a Summons (Domestic Relations), in the South Carolina Family Court. The Complaint names the parties as Plaintiff and Defendant, alleges that you meet the residency rule under S.C. Code Ann. § 20-3-30, states your ground for divorce under § 20-3-10, and sets out the relief you are asking the court to grant.

In South Carolina there is no separate 'dissolution of marriage' proceeding. Some states use the phrase 'dissolution of marriage' for the same case, but South Carolina statutes and the Family Court call it a 'divorce,' specifically a divorce from the bonds of matrimony under S.C. Code Ann. § 20-3-10. The document that begins it is a Complaint for Divorce, not a petition for dissolution, and the parties are named Plaintiff and Defendant.

Under S.C. Code Ann. § 20-3-30, the plaintiff must have resided in South Carolina at least one year before commencing the action. If the plaintiff is a nonresident, the defendant must have lived in South Carolina for one year. When both spouses are South Carolina residents at commencement, the plaintiff need only have resided in the state for three months.

South Carolina allows both fault and no-fault divorce. S.C. Code Ann. § 20-3-10 lists five grounds: (1) adultery, (2) desertion for one year, (3) physical cruelty, (4) habitual drunkenness from alcohol or narcotic drugs, and (5) the no-fault ground of living separate and apart without cohabitation for one year.

It depends on the ground. For the no-fault ground, the parties must have lived separate and apart without cohabitation for one continuous year before the Family Court can grant the divorce. The four fault grounds do not require any separation period, so a filer alleging adultery, desertion, physical cruelty, or habitual drunkenness can proceed on that conduct.

There is typically a waiting period. The no-fault ground requires one full year of continuous separation before filing under S.C. Code Ann. § 20-3-10(5). For fault-ground cases, the final hearing generally cannot be held until three months after the action is filed.

You generally file a Summons (Domestic Relations) and a Complaint for Divorce, together with a Family Court Cover Sheet (SCCA/Form 400), with the South Carolina Family Court. The initial filing fee is typically $150, and low-income filers can request a fee waiver.

South Carolina divides marital property by equitable apportionment under the Equitable Apportionment of Marital Property provisions at S.C. Code Ann. §§ 20-3-610 through 20-3-680. This means the Family Court divides marital assets and debts fairly according to those provisions, though not necessarily equally.