SC
State Guide South Carolina

Family Law Resources

Filing procedures, court locations, costs, deadlines, and free legal aid for family law matters in South Carolina.

How to File for Divorce in South Carolina

Filing for Divorce in South Carolina



Residency Requirements



  • If both spouses are SC residents: 3 months

  • If only one spouse is SC resident: 1 year



Grounds for Divorce



  • No-fault: 1 year continuous separation

  • Fault-based: Adultery, physical cruelty, habitual drunkenness, desertion



Filing Process



  1. File Complaint for Divorce in Family Court

  2. Serve your spouse

  3. Complete mandatory mediation (if required)

  4. Finalize through settlement or trial

South Carolina Family Court System

Family Courts in South Carolina


South Carolina has a unified Family Court system that handles all family law matters.



Jurisdiction



  • Divorce and annulment

  • Child custody and visitation

  • Child support

  • Adoption

  • Domestic violence

  • Juvenile matters



Court Locations


46 counties each have Family Court locations.

South Carolina Divorce Filing Fees

Filing Fees in South Carolina



Fee Schedule



  • Divorce filing fee: $150

  • Service fees: Vary by county



Fee Waiver


Available for those who cannot afford fees with proper documentation.



Typical Costs



  • Uncontested: $500-$2,500

  • Contested: $5,000-$25,000+

South Carolina Divorce Deadlines

Critical Deadlines in South Carolina



Separation Period


1 year continuous separation for no-fault divorce.



Response Deadline


30 days to respond after being served.



Final Hearing


Minimum 90 days after filing for no-fault divorce (can be waived in some cases).

What Makes South Carolina Family Law Unique

South Carolina's Unique Family Law Features



Unified Family Court


SC has a dedicated Family Court handling all family matters - unlike many states that use general courts.



1-Year Separation Required


No-fault divorce requires 1 year of continuous separation - longer than most states.



Guardian ad Litem


Courts commonly appoint GALs to investigate and represent children's best interests.



Mediation


Many family courts require mandatory mediation before trial.



Fault Matters for Alimony


Adultery bars the at-fault spouse from receiving alimony.

Need an Attorney?

Find family law attorneys in South Carolina who specialize in your situation.

Find SC Attorneys

In Crisis?

If you're in immediate danger or experiencing abuse, help is available 24/7.

Get Crisis Support

Disclaimer

This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.