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
- File Complaint for Divorce in Family Court
- Serve your spouse
- Complete mandatory mediation (if required)
- 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+
Free Legal Help in South Carolina
Free Legal Resources in South Carolina
South Carolina Legal Services
- Website: sclegal.org
- Phone: 1-888-346-5592
- Serves low-income South Carolinians
Online Resources
- SC Bar Lawyer Referral: scbar.org
- SC Free Legal Answers: sc.freelegalanswers.org
Self-Help Resources
SC Courts Self-Represented Litigant Program
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.
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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.