Getting Divorced in South Carolina: A Legal Guide

Before filing for divorce in South Carolina, understand the basic requirements. You must be a resident of South Carolina for at least one year before filing (or if your spouse is a resident, you must be a resident for at least three months). South Carolina recognizes both no-fault divorce (separation for one year without cohabitation) and fault-based grounds (adultery, habitual drunkenness/drug use, physical cruelty, or desertion).

Collect all relevant financial and personal documents including: marriage certificate, tax returns for the last 3-5 years, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, insurance policies, and documentation of separate property acquired before marriage or through inheritance/gifts.

In South Carolina, the divorce process begins with filing a Petition for Dissolution of Marriage (also called a Complaint for Divorce). This document states the grounds for divorce, identifies both parties, confirms residency requirements are met, and outlines what you're requesting regarding property division, child custody, support, etc. Be specific about your requests as this sets the framework for your case.

A Summons must accompany your Petition. This legal document notifies your spouse that a divorce action has been filed and that they have 30 days to respond. The Summons must follow a specific format required by South Carolina courts.

File your Petition, Summons, and other required initial documents with the Family Court in the appropriate county (either where you live, where your spouse lives, or where you last lived together as a couple). You'll need to pay a filing fee (approximately $150-$200) or request a fee waiver if you qualify based on financial hardship.

Your spouse must be legally served with the divorce papers. In South Carolina, this can be done through: sheriff's service, private process server, certified mail with return receipt requested, or by having your spouse sign an Acceptance of Service form. You cannot personally serve the papers. Proper service is crucial - improper service can delay your case.

Both parties must complete a Financial Disclosure Declaration (Form SCCA 430). This comprehensive form details all income, expenses, assets, and debts. Be thorough and accurate - intentional omissions can result in penalties. Supporting documentation (pay stubs, tax returns, etc.) should be attached. This disclosure is mandatory in South Carolina divorce cases.

If you were served with divorce papers, you must file a Response (Answer) within 30 days. If you initiated the divorce, review your spouse's Response when received. The Response addresses each paragraph of the Petition, either admitting or denying the statements, and may include counterclaims.

Either party may request a temporary hearing to establish temporary orders for issues like child custody, support, use of marital home, etc. while the divorce is pending. Prepare a detailed affidavit and proposed order for this hearing. In South Carolina, these hearings are typically brief with limited testimony.

South Carolina requires mediation in most contested divorce cases before trial. A neutral mediator will help you and your spouse negotiate unresolved issues. Come prepared with your priorities and acceptable compromises. While you must participate in good faith, you're not required to reach an agreement.

If you and your spouse can agree on property division, debt allocation, alimony, etc., document these terms in a Marital Settlement Agreement. This comprehensive contract should address all marital assets and debts, including retirement accounts, real estate, vehicles, personal property, and financial accounts. South Carolina follows equitable distribution principles, meaning property is divided fairly but not necessarily equally.

If you have minor children, create a detailed Parenting Plan addressing legal custody (decision-making authority) and physical custody (where children will live). South Carolina courts prioritize children's best interests. Include specific schedules for regular parenting time, holidays, school breaks, transportation arrangements, communication between parents, and how future disputes will be resolved.

South Carolina uses income-based guidelines to calculate child support. Complete the Child Support Worksheet using accurate income information for both parents. Include costs for health insurance, childcare, and extraordinary expenses. Be aware that deviation from guidelines may be appropriate in certain circumstances, but must be justified to the court.

If retirement accounts will be divided, a QDRO is necessary to transfer retirement funds without tax penalties. This specialized order must comply with both federal ERISA requirements and the specific retirement plan's rules. Have the QDRO drafted early in the process as it can take significant time to get approval from plan administrators. Consider hiring a specialist for this complex document.

Prepare for your final hearing by organizing all documents, reviewing testimony, and dressing professionally. In South Carolina, even uncontested divorces require a hearing. For fault-based divorces, you'll need a witness (not a family member) to corroborate grounds. For one-year separation divorces, you'll testify about the separation period. The judge may ask questions about your agreement terms.

After the judge approves your divorce, review the Final Decree carefully before it's signed. This document officially ends your marriage and incorporates all orders regarding property division, support, and child custody. Ensure all terms match your agreement and that no issues are omitted. Once signed by the judge, obtain certified copies for your records and for implementing specific provisions.

If child support or alimony is ordered, South Carolina typically requires income withholding. Ensure the Wage Withholding Order is properly filed and served on the appropriate employer. This order directs the employer to withhold support payments from wages and forward them to the South Carolina Child Support Services Division for distribution.

After divorce is finalized, update your personal records including: name change on Social Security card, driver's license, passport, financial accounts, insurance policies, etc. Review and update beneficiary designations on life insurance, retirement accounts, and estate planning documents. Consider establishing new accounts separate from your ex-spouse.

Execute all property transfers required by your divorce decree within the specified timeframes. For real estate, this may require quitclaim deeds or refinancing. For vehicles, update titles and registration. For financial accounts, submit the divorce decree to financial institutions. Keep documentation of all transfers to prove compliance with court orders.

If you have children, establish a clear communication system with your ex-spouse for co-parenting matters. South Carolina courts favor parents who demonstrate willingness to cooperate. Consider using co-parenting apps that document communications and share calendars. Keep records of all parenting time exchanges and child-related expenses.