Filing for divorce in South Carolina? The path you take depends largely on whether you and your spouse can agree on all issues. South Carolina offers a simple divorce option for uncontested cases and a more involved process for contested divorces. Understanding these differences helps you budget, plan, and choose the most cost-effective approach for your situation.
South Carolina requires proof of grounds and typically needs a corroborating witness even in uncontested cases. The state offers both fault and no-fault grounds, with the most common being one-year continuous separation (no-fault). Unlike some states, South Carolina has no summary dissolution—but its "simple divorce" process provides a streamlined path when both parties agree.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 2-4 months typical | 9-15+ months |
| Total Cost | $150-$3,000 | $10,000-$30,000+ |
| Court Hearings | One brief final hearing | Multiple hearings, possible trial |
| Witness Required? | Yes (corroboration) | Yes, plus expert witnesses common |
What is an Uncontested Divorce in South Carolina?
An uncontested divorce—called a "simple divorce" in South Carolina—means you and your spouse agree on all major issues including property division, debts, support, and custody (if applicable). The South Carolina Judicial Branch provides free SRL (Self-Represented Litigant) packets specifically designed for this path.
Even in uncontested cases, South Carolina requires a corroborating witness—typically someone who can confirm you and your spouse have lived separately for at least one year without cohabitation. This requirement prevents collusion and ensures the court has independent verification of your grounds for divorce.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or alimony. One spouse files a Summons and Complaint, and the other has 30 days to respond.
Contested cases involve temporary hearings for immediate needs, formal discovery, and mandatory mediation under ADR Rule 3 for all contested domestic issues. If mediation fails, cases proceed to trial where a Family Court judge makes final decisions.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $150
- Service of process: $15 (sheriff) or free with Acceptance of Service
- Attorney review (optional): $500-$2,000
- Certified divorce report (DHEC): $12-$17
- Total typical range: $150-$3,000
Contested Divorce Costs
- Filing fee: $150 plus $25 per motion
- Attorney fees: $5,000-$15,000+ retainer; $200-$350/hour
- Mediation: Required; mediator fees vary by market
- Experts: Custody evaluators, business valuators, appraisers
- Total average: $10,000-$30,000+ depending on complexity
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total South Carolina divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Estimated Total Cost
Based on your South Carolina location
Cost Breakdown
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested: For fault grounds, South Carolina requires a 90-day waiting period before the decree can be granted. However, for the one-year separation ground, this waiting period is waived since you've already completed the separation. Most uncontested cases finalize in 2-4 months depending on court scheduling. For more details, see our South Carolina divorce timeline guide.
Contested: Expect 9-15 months or longer. Cases involving custody disputes, business valuations, or trial can extend to 18+ months. Mandatory mediation and court scheduling are primary timeline factors.
Frequently Asked Questions
What residency requirements apply?
At least one spouse must have lived in South Carolina for one year before filing. If both spouses are SC residents, only three months of residency is required for the filing spouse.
Do I need a corroborating witness?
Yes. South Carolina courts require corroboration of your grounds, typically through a third-party witness who can confirm the one-year separation without cohabitation.
Is mediation mandatory in South Carolina?
Yes, for all contested domestic issues in Family Court. Exceptions exist for temporary relief hearings, contempt proceedings, and cases involving safety concerns.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in months rather than a year or more. Even if your case starts contested, pursuing settlement through mediation can convert it to uncontested and dramatically improve outcomes. For step-by-step guidance, see our South Carolina divorce filing checklist. Many couples also benefit from understanding the cost differences between mediation and litigation.
Ready to Navigate Your Divorce Journey?
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This article is for informational purposes only and does not constitute legal advice. South Carolina divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed South Carolina family law attorney. Costs and timelines may vary by county. Always verify current requirements with your local South Carolina Family Court or the South Carolina Judicial Branch self-help resources.
