South Carolina Divorce Timeline
How long does divorce take in South Carolina? From filing to final decree, here is the complete timeline with mandatory waiting periods and tips to avoid delays. Updated for 2026.
90
Waiting Period (days)
30
Response Window (days)
4-6
Uncontested (months)
6-18
Contested (months)
South Carolina Divorce Timeline: Step by Step
Preparation
1-2 weeksGather financial documents, complete required forms (7 mandatory), and determine grounds for divorce.
Tip: Divorce.ai can reduce this to under an hour by auto-generating your forms.
Filing
1-3 daysFile your petition with the court and pay the $150 filing fee. E-filing is available and can speed this up.
Tip: File early in the week to avoid weekend delays in processing.
Service of Process
1-4 weeksServe your spouse using an accepted method: Personal Service by Sheriff or Process Server, Substitute Service (Dwelling House), Service on Authorized Agent, Service by Publication.
Tip: Personal service is usually the fastest method. A professional process server can expedite this.
Response Period
30 daysYour spouse has 30 days to file a response after being served. If they don't respond, you may be able to get a default judgment.
Tip: If your spouse agrees to the divorce, they can waive the response period by signing an answer or waiver.
Mandatory Waiting Period
90 daysSouth Carolina requires a 90-day waiting period. 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.
Tip: Use this time to finalize your settlement agreement if you haven't already.
Settlement / Trial
VariesIf uncontested, you can submit your settlement agreement for court approval. Contested cases go through discovery, negotiation, and potentially trial.
Tip: Mediation can help resolve disputes faster and cheaper than going to trial.
Final Judgment
1-4 weeksThe judge reviews your agreement and issues the final decree of divorce. Some courts schedule a brief hearing; others approve by mail.
Tip: Keep certified copies of your final decree. You will need them for name changes, bank accounts, and other post-divorce tasks.
Start your divorce today
Get your South Carolina forms prepared in under an hour. The sooner you file, the sooner your waiting period begins.
What Causes Delays in South Carolina Divorce?
Incomplete or Incorrect Forms
Missing information or errors on forms are the #1 cause of court rejections and delays. Using Divorce.ai eliminates this risk.
Difficulty Serving Your Spouse
If your spouse avoids service or cannot be located, this phase alone can take weeks or months. Service by publication adds 30+ days.
Disputes Over Assets or Custody
Contested issues require negotiation, mediation, or trial. Each dispute can add months to your timeline.
Court Backlog
Busy courts in South Carolina may have scheduling delays for hearings. Some counties are faster than others.
How to Speed Up Your South Carolina Divorce
File uncontested. Agree on all issues before filing. Uncontested divorces are fastest.
Use a process server. Professional servers complete service faster and provide proper proof.
Complete forms accurately. Avoid rejection delays by using Divorce.ai to prepare error-free forms.
E-file when available. Electronic filing is faster than filing in person or by mail.
Use the simplified process. South Carolina offers a "Simple Divorce (Self-Represented Litigant Packet)" option for qualifying couples. Check eligibility.
The clock starts when you file
Don't waste weeks on paperwork. Divorce.ai prepares your South Carolina forms so you can file and start the waiting period sooner.
Uncontested vs. Contested: Timeline Comparison
| Phase | Uncontested | Contested |
|---|---|---|
| Preparation | 1-2 weeks | 2-4 weeks |
| Filing + Service | 1-2 weeks | 2-4 weeks |
| Response Period | 30 days (often waived) | 30 days |
| Waiting Period | 90 days | 90 days |
| Negotiation / Trial | N/A (already agreed) | 3-12 months |
| Total Estimate | 4-6 months | 6-18 months |