South Carolina Divorce Guide
Everything you need to know about filing for divorce in South Carolina — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
South Carolina Divorce at a Glance
| Residency Requirement | 12 months in state |
| Waiting Period | 90 days — For fault-based divorces (adultery, physical cruelty, habitual drunkenness), the court cannot hold a hearing until at least 60 days after filing, and the final decree cannot be issued until at least 90 days after the original filing date. For no-fault divorces based on one year of continuous separation (S.C. Code § 20-3-10(5)), the one-year separation period itself serves as the waiting period; once that is satisfied, the 90-day post-filing waiting period still applies. For desertion-based divorces, the one-year desertion period must also be completed before filing. |
| Filing Fee | $150(fee waiver available) |
| No-Fault Grounds | One Year Continuous Separation |
| Fault Grounds | Adultery, Desertion, Physical Cruelty, Habitual Drunkenness or Narcotics Abuse |
| Property Division | Equitable Distribution |
| E-Filing | Available — South Carolina uses the eFlex electronic filing system accessible at efile.sccourts.org. E-filing is available for attorneys in good standing licensed to practice in South Carolina. Documents must be submitted as searchable Adobe Acrobat PDF files. Technical support is available through the E-Filing Help Desk at (855) 235-2500. Self-represented litigants may need to file in person at the clerk's office depending on the county. |
| Response Window | 30 days — Under SCRCP Rule 12(a), the defendant has 30 days from the date of service to file an Answer to the Complaint for Divorce. If a counterclaim is filed by the defendant, the plaintiff has an additional 30 days to respond to the counterclaim. Failure to respond within 30 days may result in a default judgment. |
Grounds for Divorce in South Carolina
The husband and wife have lived separate and apart without cohabitation for a period of one year (S.C. Code § 20-3-10(5))
No-Fault Grounds
- One Year Continuous Separation — Under S.C. Code § 20-3-10(5), a divorce may be granted when the husband and wife have lived separate and apart without cohabitation for a period of one year. This is the sole no-fault ground. The separation must be continuous — any period of cohabitation restarts the one-year clock. Independent corroboration of the separation is required.
Fault-Based Grounds
- Adultery — Under S.C. Code § 20-3-10(1), adultery is a fault ground for divorce. The petitioner must prove the adultery by a preponderance of the evidence with independent corroboration. There is no mandatory separation period, and the court may hold a final hearing after the 90-day statutory waiting period.
- Desertion — Under S.C. Code § 20-3-10(2), desertion for a period of one year is a fault ground. The deserting spouse must have left voluntarily without justification, consent, or provocation, and the desertion must be continuous for at least one year. Independent corroboration is required.
- Physical Cruelty — Under S.C. Code § 20-3-10(3), physical cruelty is a fault ground. The petitioner must demonstrate actual physical violence or a reasonable apprehension of bodily harm that renders continued cohabitation unsafe. Independent corroboration is required.
- Habitual Drunkenness or Narcotics Abuse — Under S.C. Code § 20-3-10(4), habitual drunkenness is a fault ground, which is construed to include habitual drunkenness caused by the use of any narcotic drug. The petitioner must show a pattern of habitual substance abuse that has contributed to the breakdown of the marriage. Independent corroboration is required.
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How to File for Divorce in South Carolina
Meet Residency Requirements
You must have lived in South Carolina for at least 12 months before filing. Under S.C. Code § 20-3-30, when only one spouse is a South Carolina resident, the plaintiff must have resided in the state for at least one year prior to filing. When both parties are residents at the time the action is commenced, the plaintiff need only have resided in the state for three months prior to filing. Military personnel stationed in South Carolina meet residency through continuous presence for the required period regardless of intent to permanently remain.
Complete Your Forms
South Carolina requires 7 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $150 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Substitute Service (Dwelling House), Service on Authorized Agent, Service by Publication. The summons and complaint must be served together. Service cannot be made by a party to the action. All divorces in South Carolina require independent corroboration — evidence of the grounds for divorce that is independent of both parties to the marriage. Proof of service must be filed with the court by certificate (if served by sheriff) or by affidavit (if served by any other person).
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 90-day waiting period, the court can issue your final decree.
Special Rules in South Carolina
Independent Corroboration Required
South Carolina requires independent corroboration for all divorce grounds. The petitioner must present testimony or evidence from a third party (not either spouse) that supports the alleged grounds for divorce. This requirement applies to both fault and no-fault grounds.
Adultery Bar to Alimony
Under S.C. Code § 20-3-130, no alimony may be awarded to a spouse who commits adultery before the earliest of: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support.
90-Day Minimum Before Final Decree
For fault-based divorce actions, the court cannot issue the divorce decree until at least 90 days after filing. The hearing itself cannot be held sooner than 60 days after filing. This applies to adultery, physical cruelty, habitual drunkenness, and desertion grounds.
Social Security Numbers in Decree
Under S.C. Code § 20-3-30 and § 20-3-235, the divorce decree must set forth the Social Security numbers (or alien identification numbers for resident aliens without Social Security numbers) of both parties.
Mandatory Mediation for Contested Cases
South Carolina requires mandatory mediation in contested family court cases before a trial can be held. Exemptions are available for cases involving domestic violence, extreme financial hardship, or mental incapacity. Cases where all issues are resolved by agreement are exempt.
Cohabitation Terminates Alimony
Under S.C. Code § 20-3-130, permanent periodic alimony terminates upon the supported spouse's continued cohabitation with another person for a period of 90 consecutive days or more.
Mandatory Requirements
Parenting Course Required
South Carolina law requires divorcing parents with minor children to attend a court-approved parenting course before finalizing custody arrangements. The course covers the impact of divorce on children, effective co-parenting strategies, and conflict resolution. At the judge's discretion, additional parenting classes may also be ordered.
Mediation Required
South Carolina requires mandatory mediation in contested family court cases before a trial can be held. Parties must attend mediation and participate in good faith but are not required to reach an agreement. Exemptions from mandatory mediation are available for cases involving domestic violence, extreme financial hardship, or mental incapacity. Cases where all issues are already resolved by agreement are also exempt from mandatory mediation.
Financial Disclosure
Both parties must exchange financial disclosures within 45 days of filing.
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