How to File for Divorce in South Carolina (2026)

If you and your spouse both agree the marriage is over, you can file for an uncontested divorce in South Carolina yourself, without paying a lawyer by the hour. This 2026 guide walks through every step, the South Carolina-specific rules, and roughly what to expect.

Do you qualify for an uncontested divorce in South Carolina?

An uncontested divorce is the right fit when you and your spouse agree on the major issues: how to divide property and debts, and (if you have children) custody and support. If you agree on those, South Carolina lets you handle the whole thing with paperwork. If you don't, or there's abuse, hidden assets, or a custody fight, talk to a licensed attorney instead.

Step 1: Meet the residency requirement

Before you can file, you (or your spouse) generally need to have lived in the state for at least three months to a year depending on the situation. This is what gives the South Carolina court authority over your case, so confirm it first if you've moved recently.

Step 2: State your grounds (no-fault)

South Carolina, like every state, allows a no-fault divorce. You simply state the marriage is broken; you don't have to prove either spouse did anything wrong.

Step 3: Prepare and file your petition

You file a petition (or complaint) for divorce with the Family Court in your county and pay the filing fee, set by your county court, commonly $100–$450 (a fee waiver is available if you qualify). If money is tight, ask about a fee waiver.

Step 4: Notify your spouse and settle the terms

Your spouse must be formally notified (served). In an amicable case they can simply sign a waiver accepting service. You then put your agreement, property, debts, and any children, into a settlement agreement that becomes part of the final order.

Step 5: Wait out the period and finalize

South Carolina generally requires one year of living apart for a no-fault divorce (or fault grounds). After that, a judge reviews and signs your final decree. As an equitable-distribution state, South Carolina divides marital property fairly, and honors the split you agree on.

How SimplyDivorceOnline helps in South Carolina

Instead of downloading blank South Carolina forms and guessing, you answer plain-English questions and we prepare the exact documents your county court accepts, plus a filing checklist, all for a flat $149.

This guide is general information, not legal advice, and rules change, always confirm current requirements with your county court or a licensed attorney. When you start with us, your forms and checklist are tailored to your state and county automatically.