How to File for Divorce
in South Carolina
A complete guide for South Carolina residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$150-$200 (check with your county family court)
Approximate
Timeline
12-18 months (due to 1-year separation requirement)
Uncontested
Property
Equitable distribution
Division rule
South Carolina Divorce — Key Facts
Residency Requirement
1 year in the state if only one spouse is a resident; 3 months if both spouses are residents
Grounds for Divorce
Living separate and apart for 1 year (no-fault)
Separation Period
1 year of physical separation required before filing
Property Division
Equitable distribution
Filing Fee
$150-$200 (check with your county family court)
Average Timeline
12-18 months (due to 1-year separation requirement)
South Carolina-Specific Rule
South Carolina requires a mandatory 1-year physical separation before filing for no-fault divorce. The state does not recognize irreconcilable differences; separation is the only no-fault ground.
6-Step Divorce Process in South Carolina
Confirm You Meet Residency Requirements
1 year in the state if only one spouse is a resident; 3 months if both spouses are residents. If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on South Carolina's terminology). State the grounds as "Living separate and apart for 1 year (no-fault)." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Equitable distribution rules apply in South Carolina), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. South Carolina requires a mandatory 1-year physical separation before filing for no-fault divorce. The state does not recognize irreconcilable differences; separation is the only no-fault ground.
Frequently Asked Questions — South Carolina Divorce
How long do I have to live in South Carolina before I can file for divorce?
1 year in the state if only one spouse is a resident; 3 months if both spouses are residents. This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in South Carolina?
South Carolina recognizes no-fault divorce based on "Living separate and apart for 1 year (no-fault)." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in South Carolina?
The estimated court filing fee in South Carolina is $150-$200 (check with your county family court). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a South Carolina divorce?
South Carolina follows Equitable distribution rules. South Carolina requires a mandatory 1-year physical separation before filing for no-fault divorce. The state does not recognize irreconcilable differences; separation is the only no-fault ground.
How long does divorce take in South Carolina?
An uncontested divorce in South Carolina typically takes 12-18 months (due to 1-year separation requirement). Separation period: 1 year of physical separation required before filing. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in South Carolina — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with South Carolina-specific document checklist and organized filing packet.
- Complete intake workflow
- South Carolina document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in South Carolina.
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