How to File for Divorce in South Carolina (2026)
Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-05-18
Filing for divorce in South Carolina means working within South Carolina's own rules on residency, grounds, property, and support. South Carolina divides marital property under equitable distribution (a fair, not automatically equal, split), and the no-fault path is available after the required period of living separate and apart. Before filing, note the residency rule: If the plaintiff is a South Carolina resident and the defendant is not, the plaintiff must have been a resident of South Carolina for 1 year before filing. If both parties are South Carolina residents at the time the divorce is filed, the plaintiff (or the defendant if the defendant is a resident) must have resided in South Carolina for at least 3 months immediately preceding filing. This guide walks the South Carolina-specific steps, forms, and statutes (S.C. Code Ann. § 20-3-10) you need.
Key Considerations
How South Carolina splits assets turns on its equitable-distribution rule. Equitable apportionment of marital property: the court applies 15 enumerated factors at § 20-3-620 to apportion marital property in such proportions as the court deems just, including duration of marriage; marital misconduct or fault of either or both parties; value of the marital property and contribution of each spouse to acquisition, preservation, depreciation, or appreciation; income of each spouse, earning potential, and opportunity for future acquisition; physical and emotional health; need of each spouse for additional training or education; nonmarital property of each spouse; alimony; child custody arrangements; tax consequences; and existence of any retirement benefits. The controlling authority is S.C. Code Ann. § 20-3-620.
For ongoing support, Court may award periodic, lump-sum, rehabilitative, reimbursement, or separate-maintenance-and-support alimony based on 13 enumerated factors at § 20-3-130(C); fault is expressly a factor (adultery bars alimony to the adulterous spouse under § 20-3-130(A)) S.C. Code Ann. § 20-3-130 sets the rule.
South Carolina's child-support math is rule-bound. Income-shares model under S.C. Code Ann. § 63-17-470 and the South Carolina Child Support Guidelines (administered by DSS); both parents' combined gross income is applied to the Schedule of Basic Combined Child Support Obligations with adjustments for shared physical custody (when each parent has at least 110 overnights with the children), health insurance, and child-care It is set out in S.C. Code Ann. § 63-17-470; South Carolina Child Support Guidelines, with the official calculator.
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Relevant Documents
South Carolina filers use the following: Complaint for Divorce (SCCA family court forms); Self-Represented Litigant (SRL) Simple Divorce Packets available through South Carolina Legal Services interactive interview Forms are published via the state agency.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
South Carolina Code § 20-3-10
This law establishes the grounds for divorce in South Carolina, which are limited to: 1) adultery, 2) desertion for one year, 3) physical cruelty, 4) habitual drunkenness or drug use, and 5) living separate and apart for one year. South Carolina requires fault-based grounds unless spouses have lived separately for one year.
South Carolina Code § 20-3-30
Establishes residency requirements for filing divorce in South Carolina. Either spouse must have been a resident of South Carolina for at least one year before filing, or both spouses must be residents if they've lived there less than one year.
South Carolina Code § 20-3-60
Requires a 60-day waiting period between filing for divorce and the final hearing. This mandatory cooling-off period applies to all divorce cases in South Carolina.
South Carolina Family Court Rule 20
Requires mandatory financial declarations in divorce proceedings. Both parties must complete and file a financial declaration form disclosing income, expenses, assets, and debts to ensure fair division of property and appropriate support determinations.
South Carolina Code § 20-3-130
Governs alimony awards in South Carolina divorces. Courts consider factors including duration of marriage, standard of living, earning capacity, and fault when determining alimony. South Carolina recognizes permanent, rehabilitative, lump-sum, and reimbursement alimony.
South Carolina Code § 20-7-420
Establishes factors for child custody determinations in South Carolina, with the primary consideration being the best interests of the child. Courts consider factors such as the child's relationship with each parent, stability, and parental fitness.
South Carolina Code § 20-3-620
Governs equitable distribution of marital property in divorce. South Carolina is an equitable distribution state, meaning property is divided fairly but not necessarily equally. Courts consider factors including marriage duration, economic circumstances, and contributions to marital property.
Regional Variances
Major Metropolitan Areas
Charleston County Family Court tends to have longer wait times for hearings due to a higher caseload. The county also has specific local rules requiring mediation before most contested hearings. Charleston has dedicated family court judges who rotate less frequently than in smaller counties, potentially leading to more consistent rulings.
As the state capital's county, Richland has more resources for family court matters but also higher filing fees. The county offers specialized divorce education programs that may be required for divorcing parents. Columbia-area judges often have experience with more complex asset division cases involving state government employees.
Greenville County has implemented an expedited process for uncontested divorces that can significantly reduce waiting times. The county also has stricter enforcement of financial disclosure requirements and tends to schedule temporary hearings more quickly than other jurisdictions.
Coastal Regions
Horry County courts deal with many divorces involving vacation properties and time-shares, giving local attorneys specialized experience in these matters. The county also sees many cases involving retirement-age couples, influencing how judges approach asset division. Court schedules may be affected by tourist season.
Beaufort County has a higher concentration of military divorces due to nearby military installations. Local courts have more experience with military pension division and jurisdictional issues related to service members. The county also tends to have higher standards for documentation in high-asset divorces common in resort communities like Hilton Head.
Rural Counties
Rural counties like Orangeburg typically have fewer family court days per month, potentially extending the timeline for divorce proceedings. However, uncontested cases may move more quickly due to lighter dockets. Local judges may be more familiar with agricultural asset division issues common in rural divorces.
Cherokee County and similar rural jurisdictions often have more limited access to court-approved mediators and guardian ad litems, which can delay cases requiring these services. The county has developed streamlined procedures for simple divorces to compensate for limited court resources.
Special Considerations
York County's proximity to North Carolina creates unique cross-border issues in divorces. Local courts have more experience with interstate custody arrangements and property division. The county also tends to have stricter enforcement of financial support orders than some other South Carolina jurisdictions.
Lexington County Family Court is known for its efficient case management system and typically shorter waiting periods for final hearings. The county has implemented electronic filing systems ahead of many other counties, streamlining the divorce process for represented parties.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingIf the plaintiff is a South Carolina resident and the defendant is not, the plaintiff must have been a resident of South Carolina for 1 year before filing. If both parties are South Carolina residents at the time the divorce is filed, the plaintiff (or the defendant if the defendant is a resident) must have resided in South Carolina for at least 3 months immediately preceding filing (S.C. Code Ann. § 20-3-30).
Plead the grounds for the divorce
Before filing days after startingFive grounds under § 20-3-10: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness or narcotic drug abuse; and (5) on the application of either party if the parties have lived separate and apart without cohabitation for a period of one year (the no-fault ground). Authority: S.C. Code Ann. § 20-3-10.
File the divorce petition
At filing days after startingComplaint for Divorce (SCCA family court forms); Self-Represented Litigant (SRL) Simple Divorce Packets available through South Carolina Legal Services interactive interview Pay the filing fee, which is $150 statewide filing fee for a Complaint for Divorce in Family Court (no fee charged to defendant for filing an answer or response). A fee waiver is available: Affidavit of Indigency (Form SCCA 410 or motion for waiver) waives the filing fee on showing of indigence.
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Close out the case
After filing days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
Account for the waiting period
Final step days after startingFor the no-fault separation ground: parties must have lived separate and apart without cohabitation in different physical residences for 1 continuous year before filing. For fault grounds: there is generally a 3-month waiting period from filing before a final hearing may be held (S.C. Code Ann. § 20-3-10(5); § 20-3-80).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | If the plaintiff is a South Carolina resident and the defendant is not, the plaintiff must have been a resident of South Carolina for 1 year before filing. If both parties are South Carolina residents at the time the divorce is filed, the plaintiff (or the defendant if the defendant is a resident) must have resided in South Carolina for at least 3 months immediately preceding filing (S.C. Code Ann. § 20-3-30). | - | Before filing |
| Plead the grounds for the divorce | Five grounds under § 20-3-10: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness or narcotic drug abuse; and (5) on the application of either party if the parties have lived separate and apart without cohabitation for a period of one year (the no-fault ground). Authority: S.C. Code Ann. § 20-3-10. | - | Before filing |
| File the divorce petition | Complaint for Divorce (SCCA family court forms); Self-Represented Litigant (SRL) Simple Divorce Packets available through South Carolina Legal Services interactive interview Pay the filing fee, which is $150 statewide filing fee for a Complaint for Divorce in Family Court (no fee charged to defendant for filing an answer or response). A fee waiver is available: Affidavit of Indigency (Form SCCA 410 or motion for waiver) waives the filing fee on showing of indigence. | divorce-petition | At filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | After filing |
| Account for the waiting period | For the no-fault separation ground: parties must have lived separate and apart without cohabitation in different physical residences for 1 continuous year before filing. For fault grounds: there is generally a 3-month waiting period from filing before a final hearing may be held (S.C. Code Ann. § 20-3-10(5); § 20-3-80). | - | Final step |
Frequently Asked Questions
$150 statewide filing fee for a Complaint for Divorce in Family Court (no fee charged to defendant for filing an answer or response) Affidavit of Indigency (Form SCCA 410 or motion for waiver) waives the filing fee on showing of indigence
South Carolina uses equitable distribution (a fair, not automatically equal, split). Equitable apportionment of marital property: the court applies 15 enumerated factors at § 20-3-620 to apportion marital property in such proportions as the court deems just, including duration of marriage; marital misconduct or fault of either or both parties; value of the marital property and contribution of each spouse to acquisition, preservation, depreciation, or appreciation; income of each spouse, earning potential, and opportunity for future acquisition; physical and emotional health; need of each spouse for additional training or education; nonmarital property of each spouse; alimony; child custody arrangements; tax consequences; and existence of any retirement benefits. See S.C. Code Ann. § 20-3-620.
Five grounds under § 20-3-10: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness or narcotic drug abuse; and (5) on the application of either party if the parties have lived separate and apart without cohabitation for a period of one year (the no-fault ground). The governing statute is S.C. Code Ann. § 20-3-10.
If the plaintiff is a South Carolina resident and the defendant is not, the plaintiff must have been a resident of South Carolina for 1 year before filing. If both parties are South Carolina residents at the time the divorce is filed, the plaintiff (or the defendant if the defendant is a resident) must have resided in South Carolina for at least 3 months immediately preceding filing. This is set by S.C. Code Ann. § 20-3-30.
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