Divorce in South Carolina, start to finish

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South Carolina gives you a genuinely good statewide packet, for free. What it doesn’t give you is a clear read on whether your one year is actually up, which of the eighteen forms are really yours, or what happens the day your spouse doesn’t answer. That’s this.

Start with your dates

Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.

Jump to the deadline calculator ↓

Built from the current SCCA 400 SRL-DIV packet (Rev. 06/2024) on sccourts.org, checked 08/2026
What do you need?
1 · The one-year ground2 · Every form South Carolina…3 · Getting the forms and filling…4 · Your deadlines5 · The order it happens in6 · South Carolina’s trap7 · The rejection-and-delay…8 · The Financial Declaration9 · What this costs
8 sections on this page. Pick one, or show everything.
South Carolina DIY Divorce Kit

Which forms do you actually need?

Your route and its conditions, the forms grouped by route, how filing actually works in South Carolina, and the sequence with its costs.

First, which route you are on. Each one opens to the conditions the rule actually sets.

The one-year no-fault ground — the Simple Divorce Packet

S.C. Code § 20-3-10(5)

The state’s own instructions recommend this packet only where all of these are true:

  • The spouses have lived in completely separate dwellings — not just separate bedrooms in the same house — continuously and without resuming marital relations, for one full year or more.
  • The residency test in § 20-3-30 is met.
  • Where there are children born to or adopted by either spouse — ever, not just during this marriage — or a pregnancy, custody, visitation and child support are already agreed and meet South Carolina’s Child Support Guidelines minimums.
  • Marital property and debt are already agreed, or there is none to divide.
  • The other spouse does not intend to dispute the divorce or the terms.
Fault grounds

S.C. Code § 20-3-10

The forms, grouped by the route they belong to

Grouped exactly as South Carolina labels them. Every number links to the official PDF.

All  15 forms
  • SCCA 467 — Family Court Coversheet
  • SCRFCMFORM02 — Certificate of Exemption (from mandatory mediation) — don’t skip this
  • SCCA 400.01 — Summons for Divorce
  • SCCA 400.02 — Complaint for Divorce
  • SCCA 430 — Financial Declaration — must be signed in front of a notary
  • SCCA 400.05 — Defendant’s Answer — where the spouse accepted service, they may file this too, indicating full agreement; where they were formally served, it applies if they respond within 35 days agreeing with everything
  • SCCA 405 — Motion & Affidavit to Proceed In Forma Pauperis — only if you can’t pay the $150 fee
  • SCCA 405.1 — Order In Forma Pauperis — the judge signs this if your fee waiver is granted
  • SCCA 400.08 — Request for Hearing
  • SCCA 400.09 — Affidavit of Service by Mailing (Notice of Hearing) — notarized, mailed 10+ days before your hearing
  • SCCA 400.10 — Final Order of Divorce
  • DHEC 0682 — Report of Divorce or Annulment of Marriage
  • SCRCP Form 4F — Judgment in a Family Court Case — the judge may ask for this in addition to the Final Order
  • SCCA 400.11 — Sample Script for Your Own Testimony — optional, but genuinely useful at the hearing
  • SCCA 400 — Sample Script for Questioning Your Witness — optional
All — where the spouse accepts service  1 form
  • SCCA 400.03 — Acceptance of Service — your spouse signs this instead of being formally served
All — where the spouse is formally served  3 forms
  • SCCA 400.04 — Affidavit of Service by Mailing — notarized proof of certified mail, sheriff, or process-server delivery
  • SCCA 400.06 — Affidavit of Service by Mailing (Answer) — only if your spouse mails you their signed Answer
  • SCCA 400.07 — Affidavit of Default for Divorce — only if 35 days pass with no Answer
You file on paper

South Carolina does not let you e-file this yourself

The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in South Carolina.

Portal
South Carolina Statewide E-Filing
Paper
Required of you. File with the clerk of court for the Family Court.
What it costs
Nothing to you, because you cannot use it for a divorce.
Account
A self-represented party cannot register. Registration is through the attorney AIS system; non-attorney law firm staff may hold Firm Financial Manager accounts but may not e-file.
Worth knowing
The operative fact for a pro se South Carolina divorce filer is that the statewide e-filing system does not accept non-attorney filers at all, so Family Court divorce papers go to the clerk of court on paper. Note that South Carolina family court divorce actions also have their own self-represented litigant form set (SCCA 400P SRL-DIV) published by the judiciary.
The sequence

Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.

#StepForms it namesCost
1Confirm the year has actually run, and that you meet the residency testNone named—
2Download the packet fresh and fill in the Summons and ComplaintSCCA 400.01SCCA 400.02SCCA 400—
3Add the three that travel with themSCRFCMFORM02SCCA 467SCCA 430—
4File on paper at the Family Court, and pay or ask to be excusedSCCA 405.1SCCA 405$150
5Get your spouse served, and prove itSCCA 400.03SCCA 400.04SCCA 400.06$15–$25 · $8–$10
6Wait out the answer window — thirty days, or thirty-fiveSCCA 400.05SCCA 400.07—
7Ask for the hearing — and know why the statutory waits do not hold youSCCA 400.08SCCA 400.09—
8Bring a witness. This is the step people do not see comingSCCA 400.11SCCA 400—
9Take the Final Order, and report the divorceSCCA 400.10DHEC 0682—
What it costs

Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.

Filing fee — Divorce, Annulment, and Separate Support and Maintenance actions (flat statewide rate)$150
Sheriff service of the Summons and Complaint, per S.C. Code § 23-19-10(d) — $15 initial service, $5 each attempt after, capped at $25$15–$25
Certified mail, restricted delivery, return receipt requested (USPS rate, if you self-serve by mail)~$8–10
Private process server, if used instead of the sheriffcheck with your process server
In-person notarization, per signature (bank customers are often free)$0–10
Typical all-in, doing it yourselves, uncontested~$160–$185
What this cannot do for you. It cannot tell you which forms your case needs — that depends on facts only you, and if you need one your lawyer, can weigh. Nothing here is new: every route condition, form label and figure is taken from this page’s own verified sections below. Download every form fresh, because clerks reject superseded revisions.
The short version9 points · tap one to jump to it
  1. The one-year ground, and what the rule requires — South Carolina’s no-fault ground is one full year of continuous separation — one of the longest waits in the country, and there is no shortcut for it, not even where both spouses sign a settlement agreement tomorrow.
  2. Every form South Carolina publishes for a divorce — South Carolina’s Self-Represented Litigant Simple Divorce Packet (SCCA 400 SRL-DIV series) is one of the more complete free, statewide, fillable packets of any state — eighteen forms, one filing fee, no county-by-county variation in what a filing requires.
  3. Getting the forms and filling them in — Every South Carolina family court form is free, several are fillable on screen, and the Judicial Branch built this specific packet for people without a lawyer.
  4. Your deadlines, calculated — Almost everything in a South Carolina divorce counts from two dates that have nothing to do with each other: the day your separation began, and the day your spouse is actually served.
  5. The order it actually happens in — Nine steps, in the order a South Carolina clerk and a Family Court judge will actually meet them — including the one nobody sees coming, which is that you have to bring a witness.
  6. South Carolina's trap — There's no partial credit and no shortcut for a shorter separation, even with a full settlement agreement in hand; a signed agreement removes fault as an issue, it doesn't touch the one-year requirement.
  7. The rejection-and-delay checklist — Florida and Connecticut both have a harder "regular" self-help track for people who don't qualify for the simplest option.
  8. The Financial Declaration — what SCCA 430 asks for — Required for every filer, notarized, and due when you file.
  9. What this costs — Unlike Florida and Connecticut, South Carolina doesn't set filing fees county by county — the Family Court filing fee is a single flat statewide amount, so it's the same figure whether you file in Greenville, Richland, or Charleston County.
In this subject 8

1 · The one-year ground, and what the rule requires

South Carolina’s no-fault ground is one full year of continuous separation — one of the longest waits in the country, and there is no shortcut for it, not even where both spouses sign a settlement agreement tomorrow. Under S.C. Code § 20-3-10, a settlement agreement never substitutes for the year; it only removes fault as an issue. Everything below assumes a filing on that one-year ground, which is what South Carolina’s free self-represented packet is built for.

Residency. S.C. Code § 20-3-30 requires the plaintiff to have lived in South Carolina at least one year before filing — unless both spouses currently live in South Carolina, in which case the plaintiff only needs three months of residency. Active-duty service members get special consideration under the same section; the clerk or an attorney can say whether it applies.

The one-year no-fault ground — the Simple Divorce Packet

S.C. Code § 20-3-10(5)

South Carolina’s free Self-Represented Litigant Simple Divorce Packet (SCCA 400 SRL-DIV) is built specifically for this ground. It is the same free, statewide, self-represented process either way, whether or not there are children, because South Carolina doesn’t split this into “simplified” and “regular” tracks the way some states do. The filing fee is a flat $150, paid to the Clerk of Court in cash, cashier’s check, or money order.

The state’s own instructions recommend this packet only where all of these are true:

  • The spouses have lived in completely separate dwellings — not just separate bedrooms in the same house — continuously and without resuming marital relations, for one full year or more.
  • The residency test in § 20-3-30 is met.
  • Where there are children born to or adopted by either spouse — ever, not just during this marriage — or a pregnancy, custody, visitation and child support are already agreed and meet South Carolina’s Child Support Guidelines minimums.
  • Marital property and debt are already agreed, or there is none to divide.
  • The other spouse does not intend to dispute the divorce or the terms.

Those last three aren’t caution added here — they are the state’s own limit: the Simple Divorce Packet is only “recommended” when everything is already agreed.

Fault grounds

S.C. Code § 20-3-10

Adultery, desertion for a year, physical cruelty, or habitual drunkenness. A fault ground can move faster than the one-year wait — but it requires proving fault in court, and it is not covered by this guide or by the state’s free packet. Section 5 sets out what actually counts.

Where the terms aren’t agreed yet. The South Carolina Bar’s Lawyer Referral Service (1-800-868-2284) offers a 30-minute consult for no more than $50, and South Carolina Legal Services may help for free where a household is at or below 125% of the Federal Poverty Guidelines (LATIS: 1-888-346-5592).

2 · Every form South Carolina publishes for a divorce

The whole packet, not a shortlist — because which forms are needed depends on facts only you and, if you need one, your lawyer can weigh. South Carolina’s Self-Represented Litigant Simple Divorce Packet (SCCA 400 SRL-DIV series) is one of the more complete free, statewide, fillable packets of any state — eighteen forms, one filing fee, no county-by-county variation in what a filing requires.

This is information, not legal advice

The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how South Carolina handles divorce, and every form below is published free by South Carolina itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a South Carolina family lawyer costs far less than fixing a filing that went wrong.

FormWhat it isRouteRev.
SCCA 467Family Court CoversheetAll11/24Download
SCRFCMFORM02Certificate of Exemption (from mandatory mediation) — don’t skip thisAll12/15Download
SCCA 400.01Summons for DivorceAll12/09Download
SCCA 400.02Complaint for DivorceAll07/11Download
SCCA 430Financial Declaration — must be signed in front of a notaryAll11/24Download
—Child support figures using South Carolina’s DSS Guidelines — no single statewide SCCA worksheet exists; some counties want your calculation on paper at the hearing. Check with your county family court clerk.All — where there are children or a pregnancy—see clerk
SCCA 400.03Acceptance of Service — your spouse signs this instead of being formally servedAll — where the spouse accepts service12/09Download
SCCA 400.04Affidavit of Service by Mailing — notarized proof of certified mail, sheriff, or process-server deliveryAll — where the spouse is formally served5/13Download
SCCA 400.05Defendant’s Answer — where the spouse accepted service, they may file this too, indicating full agreement; where they were formally served, it applies if they respond within 35 days agreeing with everythingAll12/09Download
SCCA 400.06Affidavit of Service by Mailing (Answer) — only if your spouse mails you their signed AnswerAll — where the spouse is formally served12/09Download
SCCA 400.07Affidavit of Default for Divorce — only if 35 days pass with no AnswerAll — where the spouse is formally served5/13Download
SCCA 405Motion & Affidavit to Proceed In Forma Pauperis — only if you can’t pay the $150 feeAll04/26Download
SCCA 405.1Order In Forma Pauperis — the judge signs this if your fee waiver is grantedAll06/24Download
SCCA 400.08Request for HearingAll12/09Download
SCCA 400.09Affidavit of Service by Mailing (Notice of Hearing) — notarized, mailed 10+ days before your hearingAll12/09Download
SCCA 400.10Final Order of DivorceAll01/12Download
DHEC 0682Report of Divorce or Annulment of MarriageAll07/24Download
SCRCP Form 4FJudgment in a Family Court Case — the judge may ask for this in addition to the Final OrderAll12/11Download
SCCA 400.11Sample Script for Your Own Testimony — optional, but genuinely useful at the hearingAll07/11Download
SCCA 400Sample Script for Questioning Your Witness — optionalAll12/09Download

Every one of these is free. Download fresh each time — clerks reject superseded revisions. Full packet and instructions: sccourts.org.

3 · Getting the forms and filling them in

Nobody explains this part, so here it is. Every South Carolina family court form is free, several are fillable on screen, and the Judicial Branch built this specific packet for people without a lawyer.

South Carolina does not let you e-file this yourself You file on paper

Who may e-file
Attorneys only, and for a divorce it would not matter even if that changed. The E-Filing Policies and Guidelines define an authorized e-filer as a licensed South Carolina attorney in good standing and put everyone else in the ‘traditional filer’ category. Separately, the program covers the Court of Common Pleas — a South Carolina divorce is a Family Court matter, so it is not an eligible case type at all.
Portal
South Carolina Statewide E-Filing
Paper
Required of you. File with the Clerk of Court for the county, in person or by mail.
What it costs
No portal fee published.
Account
A self-represented party cannot register. Registration runs through the attorney AIS system; the Judicial Branch states that ‘Self-Represented Litigants, or Pro Se Litigants, may not E-File at this time.’
With a fee waiver
Not confirmed as to e-filing, because the question does not arise — no e-filing route exists for you. Fee waivers themselves are applied for at the clerk’s counter with the rest of the paperwork.
Worth knowing
Two separate barriers stand between a self-represented South Carolina filer and the portal, and either one alone would be enough. That matters if you read elsewhere that South Carolina ‘has e-filing’ — it does, for attorneys, in a court that does not hear divorces.
Authority: South Carolina Judicial Branch statewide e-filing portal: "Attorneys will register to E-File through AIS," and "Non-attorney users MAY NOT e-File at the present time." Self-represented parties are therefore excluded from the system and file conventionally. The governing text is the South Carolina Rules of Electronic Filing (E-Filing Rules 2 and 4) and the Supreme Court's e-filing orders.

Step one — download the packet free

The full instructions and every form in it live here, at no cost:

sccourts.org — SRL Simple Divorce Packets

Always download fresh

Several of these forms carry revision dates as recent as April and June 2026 — the Motion to Proceed In Forma Pauperis and the Financial Declaration were both updated within the last two years. The revision date is printed in the footer of every form. Clerks check it.

Step two — fill them in accurately, and understand the Certificate of Exemption

South Carolina family courts generally expect cases to go through mediation or another form of alternative dispute resolution before a final hearing. The Certificate of Exemption (SCRFCMFORM02) is how you certify you don’t need that step — because you’ve already reached a full agreement, or you’ve already completed ADR. Skip this form and some circuits will route your case toward mediation scheduling instead of a hearing date, which costs you weeks.

Free help if you qualify

South Carolina Legal Services runs a free intake line for income-eligible filers — LATIS, 1-888-346-5592 — generally for households at or below 125% of the Federal Poverty Guidelines. If you don’t qualify for that, the South Carolina Bar Lawyer Referral Service (1-800-868-2284) connects you with a family law attorney who has practiced at least three years and will give a 30-minute consultation for no more than $50.

Step three — notarizing: what South Carolina actually allows

Several forms in this packet are sworn statements, not just signatures — the packet’s own instructions say it plainly for each one: “Do not sign this form until you are in front of a notary.” That applies to the Financial Declaration, the Affidavit of Service by Mailing, the Affidavit of Default, and the Affidavit of Service by Mailing (Notice of Hearing).

Don’t assume a national remote-notary app works here

Florida and Connecticut both allow true remote online notarization, where the notary and signer are in different physical locations on a video call. South Carolina’s Electronic Notary Public Act (S.C. Code Title 26, Chapter 2, signed 05/18/2021) is in-person electronic notarization only — the state’s own guidance is explicit: “the notary public and the signer must be in the presence of one another when the notarization takes place.” A national RON service that puts you and the notary in different states may not satisfy that. Use an in-person notary — banks and UPS Stores commonly notarize for a small fee or free for account holders — and confirm with your county clerk before relying on any online notary product for these specific forms.

Step four — service, and the two ways this actually goes

After you file, the first five forms (Coversheet, Certificate of Exemption, Summons, Complaint, Financial Declaration) have to reach your spouse. The packet gives you five methods: certified mail (restricted delivery, return receipt requested), personal service by an cooperative spouse who signs the Acceptance of Service, the county sheriff, a private process server, or an IRS-approved commercial carrier like UPS or FedEx.

Once served, your spouse has 35 days to answer. If nothing comes back by then, you file the Affidavit of Default for Divorce (SCCA 400.07) and a Request for Hearing (SCCA 400.08) — the case still moves forward, it isn’t stuck. If they answer and agree with everything in your Complaint, you file the Request for Hearing directly. If they answer and disagree with any part of it, the case becomes contested and this packet stops being the right tool — that’s a hire-an-attorney situation.

Where to file

If you’re a South Carolina resident, you can file in the county where you and your spouse last lived together, the county where your spouse currently lives, or your own county if your spouse lives out of state. If you’re the non-resident spouse, you must file in the county where your spouse lives. Filing fee is a flat $150, statewide — cash, cashier’s check or money order only; the packet specifically says clerks won’t take a personal check.

Step five — the hearing

The clerk mails you a Notice of Hearing once one is scheduled. You then have to get a copy to your spouse (or their attorney) at least 10 days before the hearing, by certified mail, and file the notarized Affidavit of Service by Mailing (Notice of Hearing) (SCCA 400.09) proving you did it. Bring a witness who has personal knowledge that you’ve lived separate and apart for the full year — you’re required to prove it under oath, not just assert it, and the packet recommends bringing more than one person in case someone can’t make it. Dress like it’s a courtroom, arrive 30 minutes early, and most courts won’t let children inside — arrange care.

You are not divorced when the judge says so out loud. You are divorced when the Final Order of Divorce is signed and filed, and you receive a clocked (stamped) copy from the Clerk of Court.

4 · Your deadlines, calculated

Almost everything in a South Carolina divorce counts from two dates that have nothing to do with each other: the day your separation began, and the day your spouse is actually served. Put in what you know and we’ll turn South Carolina’s rules into real dates — then add them to Google Calendar, Apple Calendar or Outlook in one click.

South Carolina sets statutory delays between filing and your decree — and then excepts the very ground most people here are using. Under S.C. Code § 20-3-80 there can be no reference until two months after the complaint is filed, and no final decree until three months after filing. The statute then excepts a divorce sought on desertion or on separation for one year — which is South Carolina’s own no-fault ground, the one this guide is built around. On that ground the hearing may be held and the decree issued once the responsive pleadings are filed, or once the respondent has been adjudged in default, whichever comes first. So for most readers of this page the two- and three-month clocks do not bind; for a fault-ground filing, they do.

Date you and your spouse began living separately
The day the one-year no-fault clock starts, per S.C. Code § 20-3-10(5)
Date you filed (or plan to file) the Complaint
Leave blank if you haven’t filed yet
Date your spouse was served / signed Acceptance
Certified mail, sheriff, process server, or Acceptance of Service
Your scheduled hearing date, if you have one
Optional — lets us calculate your notice-mailing deadline
How is your spouse being brought into the case?

5 · The order it actually happens in

Nine steps, in the order a South Carolina clerk and a Family Court judge will actually meet them. The year has to be behind you before step one; everything after that is paperwork and patience.

1
Confirm the year has actually run, and that you meet the residency test
Two separate tests, and people fail the second one after clearing the first. S.C. Code § 20-3-10(5) requires that you have lived separate and apart without cohabitation for one year — separate dwellings, not separate bedrooms, with no resumption in between. § 20-3-30 then requires that you have resided in South Carolina for one year before filing; if you are the nonresident, your spouse must have. But the statute carries a proviso most summaries drop: where both of you are residents when the action is commenced, the plaintiff needs only three months.
2
Download the packet fresh and fill in the Summons and Complaint
The Judicial Branch publishes the whole SCCA 400 SRL-DIV set free. You need the Summons (SCCA 400.01) and the Complaint (SCCA 400.02), both in the one-year continuous separation version. Download them the day you use them — the revision date is printed in the footer of every form and clerks check it.
3
Add the three that travel with them
The Family Court Coversheet (SCCA 467), which the clerk needs for docketing and which must be served with the pleadings. The Financial Declaration (SCCA 430), required of every filer and notarized — sworn, not merely signed. And the Certificate of Exemption (SCRFCMFORM02), which is how you certify the case does not need mediation; skip it and some circuits route you toward mediation scheduling instead of a hearing date.
4
File on paper at the Family Court, and pay or ask to be excused
South Carolina’s statewide e-filing system does not accept non-attorney filers at all, so this goes to the clerk of the Family Court over the counter. The filing fee is a flat $150 statewide — the same in Greenville, Richland or Charleston. If you cannot pay it, file SCCA 405, the Motion and Affidavit to Proceed In Forma Pauperis, with your notarized Financial Declaration attached; a judge decides, and if it is granted the judge signs SCCA 405.1.
5
Get your spouse served, and prove it
If your spouse will cooperate, the Acceptance of Service (SCCA 400.03) is the cheapest and fastest route — it costs a signature. Otherwise it is the sheriff at $15–$25, a private process server, or certified mail, restricted delivery, return receipt requested at about $8–$10. Either way the proof goes back to the court: Affidavit of Service (SCCA 400.04), or Affidavit of Service by Mailing (SCCA 400.06) if you served by mail.
6
Wait out the answer window — thirty days, or thirty-five
The Summons itself states it: your spouse must answer within thirty (30) days after service, not counting the day of service — or thirty-five (35) days if they were served by certified mail, restricted delivery, return receipt requested. Five days turn on how you served them, which is the kind of detail that costs a hearing date. If they answer, they use SCCA 400.05. If they do not, you file the Affidavit of Default (SCCA 400.07).
7
Ask for the hearing — and know why the statutory waits do not hold you
S.C. Code § 20-3-80 says there can be no reference until two months after filing and no final decree until three months. It then excepts a divorce sought on separation for one year — the ground this whole guide is built on. On that ground the hearing may be held and the decree issued once responsive pleadings are filed, or once your spouse is adjudged in default, whichever comes first. So file the Request for Hearing (SCCA 400.08) as soon as one of those has happened, mail notice of it, and file the Affidavit of Service by Mailing (SCCA 400.09).
8
Bring a witness. This is the step people do not see coming
A South Carolina divorce on the one-year ground is not granted on paper — there is a hearing, and you are expected to corroborate the separation with someone other than yourself. Somebody who has known you both, knows roughly when you separated, and can say you have not reconciled. The Judicial Branch takes this seriously enough to publish the scripts: SCCA 400.11 for your own testimony, and SCCA 400 for the questions you put to your witness. Read both before the day, and tell your witness what they will be asked.
9
Take the Final Order, and report the divorce
The Final Order of Divorce (SCCA 400.10) is the judgment. Ask the clerk how many certified copies you need and get them at the same time — you will want them for name changes, banks, insurance and retirement accounts. The Report of Divorce (DHEC 0682) is the vital-records form that goes with it; it is a Department of Health form rather than a court form, and the clerk normally hands it to you.

6 · South Carolina’s trap

“Separate and apart” means separate dwellings — and it has to be unbroken

The statute’s exact words are “lived separate and apart without cohabitation for a period of one year.” South Carolina’s own official packet instructions spell out the practical version of this: they describe the qualifying separation as “living in separate dwellings” for the full year, and warn plainly that if you’ve been living in separate dwellings for less than one year, obtaining a divorce on your own is not recommended.

Two consequences people miss. First, staying under the same roof — even in separate bedrooms, even with separate finances — generally does not start this clock, unlike states that recognize in-house separation. Second, because the statute requires the year to be continuous, moving back in together at any point during that year — even briefly, even to try to work things out — means the clock resets: your “one year” restarts from the last date you actually resumed living apart. There’s no partial credit and no shortcut for a shorter separation, even with a full settlement agreement in hand; a signed agreement removes fault as an issue, it doesn’t touch the one-year requirement.

If your year isn’t up yet

South Carolina’s other four grounds for divorce don’t require a year apart, but every one of them requires proving fault in court: adultery, desertion for a period of one year, physical cruelty, and habitual drunkenness or narcotic use (S.C. Code § 20-3-10(1)–(4)). The state’s free Simple Divorce Packet is built specifically for the one-year no-fault ground — it says so in its own eligibility checklist — and doesn’t cover the forms or evidence a fault-based filing needs. If you believe you have a fault ground and want to move faster than a year, that’s a conversation for an attorney, not this guide.

7 · The rejection-and-delay checklist

This is the part that’s genuinely worth paying attention to. These are the specific things that get South Carolina filings bounced, stalled, or accidentally routed toward a lawyer you didn’t plan to hire.

Before you file

Signing and notarizing

Service and timing

This packet is binary — there’s no in-between track

Florida and Connecticut both have a harder “regular” self-help track for people who don’t qualify for the simplest option. South Carolina’s own instructions don’t offer that middle ground for its free packet: if you can’t agree on property, debt, or custody and support, the instructions say directly — “you need to hire an attorney.” That’s not this guide being cautious; that’s the state’s own guidance.

8 · The Financial Declaration — what SCCA 430 asks for

Required for every filer, notarized, and due when you file. It isn’t exchanged privately the way Florida’s disclosure is — it’s filed with the court as part of your initial packet.

Sign it in front of the notary, not before

The instructions are explicit: “You must take the Financial Declaration Form to a notary public before you sign it. Do not sign this form until you are in front of a notary.” The same rule applies to the Affidavit of Service, Affidavit of Default, and Affidavit of Service by Mailing (Notice of Hearing) later in the process.

9 · What this costs

Unlike Florida and Connecticut, South Carolina doesn’t set filing fees county by county — the Family Court filing fee is a single flat statewide amount, so it’s the same figure whether you file in Greenville, Richland, or Charleston County.

ItemCost
Filing fee — Divorce, Annulment, and Separate Support and Maintenance actions (flat statewide rate)$150
Sheriff service of the Summons and Complaint, per S.C. Code § 23-19-10(d) — $15 for the initial service, $5 for each attempt after that, capped at $25 in total$15–$25
Certified mail, restricted delivery, return receipt requested (USPS rate, if you self-serve by mail)~$8–10
Private process server, if used instead of the sheriffcheck with your process server
In-person notarization, per signature (bank customers are often free)$0–10
Court-appointed mediator, only if an issue is contested — ADR Rule 9(b), (c) sets $200 an hour, paid in equal shares, so $100 an hour each. This is why the Certificate of Exemption above matters: agree on everything and you file it and pay nothing here.$0 uncontested
Typical all-in, doing it yourselves, uncontested~$160–$185
If you can’t afford the $150

File SCCA 405, the Motion and Affidavit to Proceed In Forma Pauperis, with your signed and notarized Financial Declaration attached. A judge reviews it; if it’s granted, the judge signs SCCA 405.1 and your fees are waived. If it’s denied, you have to pay by the date the court sets or the case is dismissed and you start over.

If you hire an attorney instead

These figures are illustrative, member-reported ranges from The Cusp’s community — not an official fee schedule, and real quotes vary by firm and county market.

ScenarioReported range
Fully uncontested, one-year ground, attorney handles the packet$900–$2,000
Uncontested with children, custody/support agreement drafted$1,800–$3,500
Contested — property, custody, or a fault ground in dispute$5,000–$15,000+
Charleston / coastal-market premium over Upstate or Midlands rates, reported+10–25%

Does cheating change the money in South Carolina?

Yes, outright — but the bar has a cut-off date. The rule: “No alimony may be awarded a spouse who commits adultery” (§ 20-3-130(A)). How all fifty states answer this.

Reconciled, and it did not work? We read South Carolina’s code and found no forgiveness provision in it, which is not the same as the doctrine being dead there: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.

What this is. A guide to South Carolina’s own process, built from the South Carolina Code of Laws (Title 20, Chapter 3 — including §§ 20-3-10 and 20-3-30 — and Title 23, Chapter 19, § 23-19-10), the South Carolina Judicial Branch’s Self-Represented Litigant Simple Divorce Packet (SCCA 400 SRL-DIV series, current as of the 06/2024 instructions revision) and its official Family Court Filing Fees schedule, and the South Carolina Secretary of State’s published guidance on the Electronic Notary Public Act. The forms themselves are free from sccourts.org and this guide links you to them rather than reselling them.

What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what South Carolina requires of each path. If your case involves contested custody, a fault-based ground, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney; the South Carolina Bar’s Lawyer Referral Service (1-800-868-2284) offers a 30-minute consult for no more than $50, and South Carolina Legal Services’ LATIS line (1-888-346-5592) may be free if you qualify. Court staff, including the clerk of court, are not permitted to give legal advice.

Confirm current numbers with the clerk. Filing fees, form revisions, and local scheduling practices are adjusted from time to time by the Judicial Branch or individual circuits. Where this guide could not verify an exact figure, timeline, or local requirement — such as county-specific hearing wait times or whether your circuit requires a parenting class — it says so, or points you to your county family court clerk rather than guessing.

Authority: S.C. Code tit. 20 ch. 3 — the five grounds at § 20-3-10, residency at § 20-3-30, the two- and three-month delays and their exception at § 20-3-80 — read it on South Carolina’s own site. Checked 15 Sep 2026.
Next step
Before you do anything with the house

Four things can happen to the house in a South Carolina divorce

South Carolina is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.

One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.

The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost

Need a vetted attorney, mediator, or financial analyst in South Carolina?

Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.

Browse the directory →

The Cusp · All 50 state kits · Find a professional · About

If the house is part of this

Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.

South Carolina, in full

Everything we have written about South Carolina specifically. Every figure on these pages is quoted from South Carolina’s own statute or its courts’ own published schedule, and carries the date we last checked it.

The decree is not the last deadline

The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.

When people ask what they can do

Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.

Every form, by number

All 20 South Carolina divorce forms, listed by the number the clerk will ask for — 19 with an official form number, 19 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the South Carolina form list →

Sources last checked14 September 2026
Page published18 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the date this page was built from its sources. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Law changes without notice, so treat anything time-sensitive as needing a fresh check. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.
Know someone who could use this? Divorce, co-parenting, stepfamilies, starting over — send them here. Free, and nobody finds out they looked.
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Common questions about filing for divorce in South Carolina

Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.

How do I file for divorce in South Carolina?

This page sets out the order it happens in for South Carolina: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.

What forms do I need to file for divorce in South Carolina?

The form list on this page gives the official South Carolina form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.

How much does it cost to file for divorce in South Carolina?

$150 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for South Carolina, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in South Carolina.

What gets a South Carolina divorce filing rejected?

This page has a section on exactly that — the specific mistakes that get a filing returned in South Carolina rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.

How long does a divorce take in South Carolina?

There is a timeline on this page built from South Carolina’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.

Where does the information on this page come from?

South Carolina’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.

Does cheating change the money in South Carolina?

Yes, outright — and the bar has a date on it. It reaches adultery committed before the earlier of a signed written settlement agreement or a permanent order of separate maintenance and support, so conduct after that point does not trigger it. Misconduct is separately a factor in how much, and in the property split. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.

If the house is being sold as part of a South Carolina divorce

Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.

The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.

Key deadlines at a glance

These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.

Formal service (mail / sheriff / process server)

StepWhenWhat it means
Complaint filedThe day you fileThe case officially opens. Filing fee is a flat $150 statewide, paid to the Clerk of Court in cash, cashier’s check, or money order.
Spouse servedThe day your spouse is served (or signs a waiver)Certified mail, sheriff, process server, commercial carrier, or a signed Acceptance of Service.
Spouse’s Answer deadline35 days after service35 days from service, per the SRL Simple Divorce Packet instructions.

Cooperative — Acceptance of Service

StepWhenWhat it means
Complaint filedThe day you fileThe case officially opens. Filing fee is a flat $150 statewide, paid to the Clerk of Court in cash, cashier’s check, or money order.
Spouse signs Acceptance of ServiceThe day your spouse is served (or signs a waiver)Certified mail, sheriff, process server, commercial carrier, or a signed Acceptance of Service.

Your county

Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.

Divorce in South Carolina is handled by the statewide Family Court and filed with the county Clerk of Court. The statewide judiciary offers self-represented simple-divorce packets, and some counties link to or host copies. Counties differ in clerk logistics, hours, the forms they post themselves, and whether they appear on the list of mandated-mediation counties in a county-hosted packet. Check the current packet and your clerk before relying on any detail here. See the statewide forms.

Or go straight to your county or court:

Charleston County Clerk of Court (call to confirm)Greenville County Family CourtHorry County Clerk of CourtLexington County Clerk of Court (call to confirm)Richland County Family CourtSpartanburg County Clerk of Court (call to confirm)

Charleston County Clerk of Court Call or check the court website to confirm

Details for this county could not be confirmed from an official page. Check with the Clerk of Court.

Court website

Last checked 2026-11-10. Tell us if this is out of date

Greenville County Family Court

The Greenville Family Court page gives the address, phone, fax, email and weekday hours. Its Forms page posts mediation-related forms (order appointing mediator, mediation report) and a request for hearing, and links out to the statewide self-represented divorce packet. Greenville appears on a mandated-mediation county list in a county-hosted packet, so confirm current mediation requirements with the clerk.

Who to contact: 350 Halton Road, Greenville, SC 29607; 864-467-5800; clerkofcourt@greenvillecounty.org; Mon-Fri 8:30 am-5:00 pm

Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Horry County Clerk of Court

Horry County hosts its own Clerk of Court forms page with a divorce packet, family court cover sheet, motion and order, in forma pauperis, visitation and child support modification packets. The county-hosted packet states a $150 filing fee paid by cash, cashier’s check or money order, and lists Horry among mandated-mediation counties. The packet is dated, so confirm the fee and mediation status with the clerk.

Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Lexington County Clerk of Court Call or check the court website to confirm

Details for this county could not be confirmed from an official county page. Check with the Clerk of Court.

Last checked 2026-11-10. Tell us if this is out of date

Richland County Family Court

Richland’s county page states a $150 filing fee to start any Family Court case. It says the court does not hand out generic divorce forms and refers people to counsel, the USC Law Library and the forms on sccourts.org. Richland appears on a mandated-mediation list in a county-hosted packet; confirm with the clerk.

Who to contact: 1701 Main St., 1st Floor West Wing, Columbia, SC 29201; 803-576-3320

Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Spartanburg County Clerk of Court Call or check the court website to confirm

Details for this county could not be confirmed from an official page. Check with the Clerk of Court.

Court website

Last checked 2026-11-10. Tell us if this is out of date

Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.

Serving the papers in South Carolina? Sheriff, or an adult 18 or older who is not an attorney or a party; not you. No divorce deadline found. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find South Carolina in our state-by-state serving table.

How we can help

Understand the house first. Then talk to someone who gets it.

The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.

1. Start with the facts, free

22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?

Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.

2. Know when not to call an agent

Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.

3. Talk to someone who gets it

When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.

Ask for an introduction

How we are paid

You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.

General information, not legal or tax advice. The Cusp is not a law firm.

Selling a home in a divorce: what to ask a local listing agent

Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.

  • Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
  • Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
  • Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
  • Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
  • Where will the sale proceeds be held until the decree says who gets what?
  • How will you handle showings, access and lockboxes if we are not speaking?
  • Will you give both spouses and both lawyers the same information at the same time?
  • What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
  • Can I have your fee terms in writing and the names of past clients who sold during a divorce?