South Carolina Divorce Filing Checklist 2025

Filing for divorce in South Carolina requires understanding the state's residency requirements, choosing the right grounds, and preparing specific court forms. This South Carolina divorce filing checklist provides a clear roadmap for navigating the Family Court system in 2025, from initial filing through the final hearing.

South Carolina Residency Requirements

Before filing for divorce in South Carolina, you must meet one of these residency requirements. Either you (the filing spouse) have lived in South Carolina for at least one year immediately before filing, or both spouses are South Carolina residents when the case starts—in which case only three months of residency is required for the filing spouse.

If the defendant is a South Carolina resident for at least one year, the plaintiff may file in South Carolina even if they don't live in the state. For active-duty military stationed in South Carolina, "residing" means continuous presence for the statutory period regardless of intent to remain, as stated in S.C. Code § 20-3-30.

You'll file in the South Carolina Family Court. Venue is proper in the county where the defendant lives when you file, the county where you live if the defendant is a nonresident or cannot be found, or the county where you last resided together as spouses.

Grounds for Divorce in South Carolina

South Carolina recognizes five grounds for divorce. The no-fault ground requires living separate and apart, without cohabitation, for one full year before filing or before the final hearing. This is the most common ground used in uncontested divorces.

The four fault grounds are adultery, desertion for one year, physical cruelty, and habitual drunkenness (including habitual drug use). Fault grounds may affect property division and alimony but require proof at trial. All South Carolina divorces must be granted on one or more of these statutory grounds under S.C. Code § 20-3-10.

Facing South Carolina's divorce process is easier with a divorce planning tool that keeps you organized through the required separation period and filing steps.

Required Forms and Documents

The specific forms you need depend on your situation. For a typical self-represented litigant divorce filing, you'll need the Family Court Coversheet (SCCA467), which is mandatory in all family cases and must be served with your Summons and Complaint.

You'll also file a Summons (SCCA401F) and Complaint for Divorce (SCCA400.02SRL-DIV for self-represented litigants). The Financial Declaration (SCCA430) is required in any case where finances are relevant and must be served and filed by the first hearing or within 45 days after the complaint is served, whichever comes first.

If custody or visitation will be contested, you must file a Proposed Parenting Plan (SCCA466) at all temporary hearings where custody is disputed. The South Carolina Judicial Branch provides free Self-Represented Litigant "Simple Divorce" packets with all necessary forms at sccourts.org.

Filing Fees in South Carolina

The statewide Family Court filing fee for divorce, custody, visitation, support, and similar actions is $150. The standard motion fee is $25 per motion, though some exceptions apply.

If you cannot afford the filing fee, you can request a fee waiver by filing a Motion and Affidavit to Proceed In Forma Pauperis (SCCA405F). Fee waivers are available to qualifying low-income filers who demonstrate inability to pay under South Carolina law.

Sheriff service fees are set by statute at $15 for initial service of Summons and Complaint. You can access current fee information at the South Carolina Courts website.

Step-by-Step Filing Process

1. Confirm Eligibility: Verify you meet the residency requirements and have grounds for divorce (typically one-year separation for no-fault cases).
2. Gather Financial Information: Collect documentation of income, expenses, assets, and debts for your Financial Declaration.
3. Complete Required Forms: Use the SRL Simple Divorce packet or complete forms individually. Make at least three copies of all forms.
4. File with Family Court: Submit your forms to the Clerk of Court in the proper county. Pay the $150 filing fee or submit your fee waiver request.
5. Serve Your Spouse: Arrange for personal service by a sheriff, deputy, or any non-party adult. The easiest method is having your spouse sign an Acceptance of Service (SCCA407).
6. Await Response: Your spouse has 30 days after service to file an Answer and any Counterclaim. If they don't respond, you may proceed by default.
7. Complete ADR if Contested: South Carolina requires mandatory mediation for all contested domestic relations issues before a judge can hear them, per ADR Rule 3.

What Happens After Filing

For most fault-ground divorces, no final decree may be granted until three months after filing. However, for divorces based on one-year separation, the hearing and decree may occur after responsive pleadings are filed or after default—without waiting the three months—because you've already completed the separation period.

Historically, South Carolina requires corroboration of the plaintiff's testimony before granting a divorce. In uncontested separation cases, courts commonly expect a witness who can attest to the period and nature of separation. This corroboration requirement aims to prevent collusion.

Many contested cases also involve temporary hearings for immediate orders on custody, support, or use of property while the case is pending. These hearings require five days' notice and focus on affidavits and financial declarations.

Get Help Estimating Your South Carolina Divorce Costs

Filing for divorce in South Carolina involves multiple fees beyond the initial $150 filing cost. To better understand the complete divorce timeline and process in South Carolina, review our detailed guide to understanding the divorce process. Our divorce cost calculator helps you estimate your total expenses based on your specific situation, including filing fees, service costs, mediation expenses, and potential attorney fees.