First: Do you even qualify?
Read this before anything else
In South Carolina, the easiest divorce is a "no-fault" divorce based on one year apart. To use it, ALL of these have to be true:
- You've lived in separate homes for at least one full year. Not separate bedrooms in the same house — separate addresses. The clock doesn't start until you're actually living apart.
- You meet the residency rule. If you BOTH live in SC, one of you must have lived here at least 3 months. If only ONE of you lives in SC, that person must have lived here at least 1 year.
- You agree on everything. Property, vehicles, debts, retirement, alimony (even if the answer is "none"), and anything to do with kids — custody, a parenting schedule, and child support. If you agree on all of it, your divorce is "uncontested." If you fight about even one thing, it becomes "contested" and this guide won't be enough.
Reality check: You cannot speed up the one-year separation. There's no shortcut. If you haven't been apart a full year yet, mark the date on your calendar and start gathering your paperwork in the meantime.
Step 1: Get your forms
South Carolina has free, official forms for people doing this themselves. They're called the Self-Represented Litigant (SRL) divorce packet, and you get them from the South Carolina Judicial Branch website (sccourts.org) or your county's Family Court Clerk.
The main forms you (the "Plaintiff" — the one starting it) will fill out:
- Family Court Cover Sheet (Form SCCA 467) — basic info about you, your spouse, and the case.
- Summons for Divorce — the official notice telling your spouse a divorce has been filed.
- Complaint for Divorce — this is the big one. It states your ground (one year separation) and what you're asking the court to approve.
- Financial Declaration — your income, expenses, assets, and debts. This gets notarized.
- Certificate of Exemption from Mediation — used when you've already agreed on everything, so you don't need mediation.
If you have kids, you'll also need a Parenting Plan and a Child Support Worksheet. If you have a written agreement (a "marital settlement agreement"), that gets attached too.
Tip: Fill everything out, then make at least three copies of the whole stack before you file — one for the court, one for your spouse, one for you.
Step 2: File with the Clerk of Court and pay the fee
Take your completed, signed forms to the Family Court Clerk in the right county:
- Both of you live in SC → file where you last lived together OR where your spouse lives now.
- Your spouse lives out of state → file where you live.
- You live out of state, spouse lives in SC → file where your spouse lives.
The filing fee is $150. It's the same in all 46 counties. You pay it when you hand in your Summons and Complaint.
Can't afford $150? You can ask the court to waive it. File a Motion and Affidavit to Proceed In Forma Pauperis (Form SCCA/400). If your household income is at or below 125% of the federal poverty line, you likely qualify. South Carolina Legal Services (1-888-346-5592) will help you fill this out for free.
When you file, the clerk stamps your papers and gives you back a stamped copy. You need that stamped copy for the next step.
Step 3: Officially deliver the papers to your spouse ("service")
Your spouse has to be formally given a copy of the filed Summons and Complaint. This is called "service of process," and the court will NOT move forward until it's done correctly. You cannot just hand them the papers yourself and call it done. You have three options:
- Acceptance of Service (easiest, and ideal for an uncontested case). Your spouse voluntarily signs an "Acceptance of Service" form admitting they received the papers. You file that signed form with the court. Cheapest and fastest — costs nothing.
- Certified mail, return receipt requested, so there's proof they got it.
- Sheriff or process server delivers it in person. This costs roughly $40–$75.
Whatever method you use, you must file proof of service with the court showing your spouse was properly served. Keep that proof.
If you can't find your spouse: You can ask the court for permission to serve them by publishing a notice in a local newspaper plus mailing to their last known address. Ask the clerk how.
Step 4: The 30-day waiting period
Once your spouse is served, the clock starts: they have 30 days to file an "Answer" with the court.
If they file an Answer agreeing to everything (in an uncontested case they just check the boxes admitting the complaint) — great, you move straight to requesting your hearing.
If they do NOT answer within 30 days — this is where a lot of people get it wrong. In regular civil court, no answer means you basically win automatically by "default." Family court in South Carolina is different. Even if your spouse never responds:
- You file an Affidavit of Default along with a Request for Hearing, plus your proof that they were properly served.
- You STILL have to go to a court hearing.
- The judge STILL has to grant the divorce — it is not automatic.
- Your spouse must still be mailed notice of the hearing date by certified mail, return receipt requested, even though they're in default. The judge may even allow a no-show spouse to speak at the hearing.
So "default" in SC family court does not mean "instant win." It means "they gave up their say, but the judge still decides."
Step 5: Request your hearing
After your spouse answers (or after the 30-day default period passes), you file a Request for Hearing with the clerk. The court will mail you back a Notice of Hearing with your court date.
Important: You must mail a copy of that hearing notice to your spouse by certified mail, return receipt requested. This applies even if they never answered.
Heads up on timing: A South Carolina divorce generally can't be finalized any sooner than about three months after you file, even when everyone agrees. Plan for the whole process to take a few months from filing to final.
Step 6: Go to your hearing
In South Carolina, you have to actually show up in person to finalize — there's almost always a brief hearing. With a true uncontested divorce, your spouse usually doesn't have to come.
Bring with you:
- Your marriage certificate
- Your photo ID
- An independent witness — a friend, neighbor, or family member who personally knows you and your spouse lived in separate homes for the full year. This witness has to come with you and testify out loud, under oath, that you were truly living apart. This is required. Don't show up without a witness.
- All your filed paperwork
The hearing is short — usually 10 to 15 minutes. The judge asks a few questions, checks your paperwork, and if everything's in order, signs your Final Decree of Divorce.
Step 7: Get your certified copies
Your divorce is official the moment the clerk files the judge's signed decree. Before you leave, request at least two certified copies of your Final Decree (they cost a few dollars each).
You'll need these certified copies later for:
- Changing your name back (if you want to)
- Updating retirement accounts and beneficiaries
- Removing your ex from insurance, titles, and accounts
- Pretty much any time you have to prove you're divorced
Quick cost summary
- Filing fee: $150 (or $0 with an approved fee waiver)
- Service: $0 if your spouse signs the Acceptance of Service, or about $40–$75 for a sheriff/process server
- Certified copies of your decree: a few dollars each
Done yourself, an uncontested SC divorce can cost under $200 total — compared to thousands with an attorney.
Common mistakes that get people sent home
- Filing before you've actually been separated a full year
- Counting "separate bedrooms, same house" as separated — it doesn't count
- Trying to hand your spouse the papers yourself instead of using proper service
- Showing up to the hearing without your witness
- Assuming that if your spouse ignores everything, you automatically win without a hearing
- Forgetting to grab certified copies before you leave the courthouse