How to File for Divorce in South Carolina Without a Lawyer (Step-by-Step Guide)

Filing for divorce in South Carolina without a lawyer is possible but the state has one of the strictest requirements in the United States — spouses must live separately for at least one year before filing for a no-fault divorce. The filing fee is approximately $150. This guide explains every step of the DIY divorce process in South Carolina.

How to File Divorce in South Carolina Without a Lawyer (Step-by-Step Guide)

Who qualifies for a divorce without a lawyer in South Carolina?

You may be able to file for divorce without a lawyer in South Carolina if both spouses have lived separately for at least one year and agree on all major issues. South Carolina requires the 1-year separation period for a no-fault divorce — there is no option to file based on irreconcilable differences alone without the separation period.

Both spouses have lived in separate residences for at least 12 months
Both spouses agree on property division, debts, and support
There is no history of domestic violence or coercion
Both spouses are willing to cooperate and sign documents

South Carolina residency requirement

South Carolina has specific residency requirements depending on whether both spouses live in the state:

If both spouses live in South Carolina — either spouse can file after living in SC for 3 months
If only one spouse lives in South Carolina — that spouse must have lived in SC for at least 12 months before filing

You must file in the Family Court of the county where either spouse lives.

South Carolina separation requirement

South Carolina requires spouses to live separately for at least one year before filing for a no-fault divorce. This is one of the longer separation requirements in the United States. During this year both spouses must live in completely separate residences with the intent that the separation is permanent.

South Carolina also allows fault-based divorce on grounds of adultery, physical cruelty, habitual drunkenness, and desertion — these do not require the 1-year separation period but are more complex to prove.

Step-by-step divorce process in South Carolina

Step 1 — Complete the 1-year separation
Before filing, ensure you and your spouse have lived in completely separate residences for at least 12 consecutive months. Document your separation date with records such as separate lease agreements, utility bills, or bank statements showing different addresses.

Step 2 — Download South Carolina divorce forms
South Carolina divorce forms are available from the South Carolina Judicial Department website at sccourts.org. South Carolina provides free self-help forms and instructions for uncontested divorce cases.

Step 3 — File at your county Family Court
File your completed Summons and Complaint for Divorce at the Family Court clerk’s office in your county. The filing fee is approximately $150 in most South Carolina counties. Richland County (Columbia) and Greenville County may have slightly different fees.

Step 4 — Serve your spouse
After filing, your spouse must be formally served with the Summons and Complaint. If your spouse agrees to cooperate, they can sign an Acceptance of Service. Otherwise use the county sheriff. Your spouse has 30 days to respond after being served.

Step 5 — Attend the final hearing
After all paperwork is filed and the waiting period is complete, the court schedules a brief final hearing. In South Carolina, at least one spouse must appear at the hearing. The judge reviews the Settlement Agreement and signs the Final Decree of Divorce.

Required forms for divorce in South Carolina

Summons for Relief Other Than Recovery of Money
Complaint for Divorce
Acceptance of Service or Sheriff’s Return
Financial Declaration (both spouses)
Settlement Agreement signed by both spouses
Final Decree of Divorce
If children are involved: Parenting Plan and Child Support Guidelines Worksheet

All forms are available free at sccourts.org.

How much does a divorce cost in South Carolina?

The court filing fee in South Carolina is approximately $150 in most counties. For a DIY uncontested divorce, your total cost is typically $150–$350. Attorney fees for an uncontested divorce in South Carolina typically range from $1,000 to $3,500. Contested divorces with attorneys can cost $10,000–$30,000 or more.

How long does a divorce take in South Carolina?

Due to the mandatory 1-year separation requirement, the minimum total time for a divorce in South Carolina is approximately 14–16 months — 12 months of separation plus 2–4 months for the court process. After filing, the court process itself typically takes 2–4 months. Contested divorces typically take 12–24 months after filing.

Frequently asked questions — South Carolina divorce

Does South Carolina require a 1-year separation for all divorces?

The 1-year separation is required only for no-fault divorce. South Carolina also allows fault-based divorce on grounds of adultery, physical cruelty, habitual drunkenness or drug use, and desertion for one year — these do not require the 1-year separation period but require proving the fault grounds in court.

Is South Carolina an equitable distribution state?

Yes. South Carolina is an equitable distribution state. Marital property is divided fairly but not necessarily equally, based on factors such as each spouse’s contributions to the marriage, economic circumstances, and the length of the marriage.

Do I need to appear in court for a divorce in South Carolina?

Yes. South Carolina requires at least one spouse to appear at the final divorce hearing. The hearing is typically brief — the judge asks a few questions confirming the separation period and reviews the Settlement Agreement before signing the Final Decree of Divorce.

Can I file for divorce in South Carolina without my spouse’s cooperation?

Yes. After completing the 1-year separation period, you can file for divorce without your spouse’s agreement. Your spouse must be formally served and has 30 days to respond. If they do not respond, you may proceed with a default divorce.

What if I cannot afford the South Carolina divorce filing fee?

If you cannot afford the filing fee, you can apply for a fee waiver by filing an Affidavit of Indigency with the Family Court. If your income qualifies, the court may waive the filing fee entirely.

Divorce guides in other states

Divorce laws vary significantly by state. Select your state below to find the complete guide.

Legal disclaimer

The information on this page is for general educational purposes only and does not constitute legal advice. Divorce laws in South Carolina vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in South Carolina.