South Carolina Uncontested Divorce
File an uncontested divorce in South Carolina without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (4-6 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$10,000-$$25,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in South Carolina?
To file an uncontested divorce in South Carolina, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in South Carolina for 12 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
South Carolina Simple Divorce (Self-Represented Litigant Packet)
South Carolina provides a Self-Represented Litigant (SRL) Simple Divorce Packet available through the South Carolina Judicial Branch website and South Carolina Legal Services (lawhelp.org/sc). The packet includes an interactive online program that walks self-represented litigants through completing the required divorce forms. It is designed for uncontested cases where both parties agree on all terms. Despite the simplified process, all standard requirements including corroboration, financial declarations, and statutory waiting periods still apply.
Requirements for Simple Divorce (Self-Represented Litigant Packet)
Both parties agree on all issues including property division, debts, and spousal support, or there is no marital property or debt to divide
Either no minor children together (and none expected), or both parties have reached agreement on child custody, visitation, and child support meeting at least the minimum guidelines
Must meet residency requirements: 1 year for one resident, 3 months when both are residents
Must satisfy one of the five statutory grounds for divorce under S.C. Code § 20-3-10 (most commonly the one-year separation)
Must still provide independent corroboration of grounds
Both parties must complete and file financial declarations
How to File an Uncontested Divorce in South Carolina
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 7 required forms for South Carolina. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $150 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
South Carolina has 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.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your South Carolina forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
South Carolina requires financial disclosure within 45 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow South Carolina's service rules carefully.