South Carolina Divorce Self-Help Tools

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The basics

South Carolina divorce at a glance

How property is divided Equitable distribution — fair, but not always 50/50. South Carolina Code Section 20-3-620.
Filing fee ~$150 in most counties · varies by county
Residency requirement 3 months if both parties are residents, 1 year if one party is a resident. S.C. Code § 20-3-30.
Waiting period 90 days after filing for fault-based divorce; 12-month separation required for no-fault divorce. S.C. Code § 20-3-80.
Fault required? No — irreconcilable differences (1-year separation) is sufficient (S.C. Code § 20-3-10(5)). Fault grounds also exist (adultery, desertion for 1 year, physical cruelty, habitual drunkenness/narcotics abuse) (S.C. Code § 20-3-10(1)-(4)).
Mediation Required in most contested cases. Source: https://charlestonfamilylawattorney.com/mandatory-mediation-in-south-carolina-family-court/
Typical uncontested cost ~$1,200 - $3,500 · Contested: $10,000 - $50,000+

Common questions

What people ask us

How long does a divorce take in South Carolina?

An uncontested, no-fault divorce requires a 12-month separation period before filing, followed by a minimum 90-day waiting period after filing for the decree. Fault-based divorces do not require the 12-month separation but still have the 90-day waiting period after filing.

Do I need a lawyer to get divorced in South Carolina?

While not legally required, it is highly recommended to consult with an attorney, especially in cases involving property division, child custody, or spousal support, to ensure all legal requirements are met and your rights are protected.

Is South Carolina a no-fault divorce state?

Yes, South Carolina recognizes no-fault divorce based on one year of continuous separation without cohabitation. It also allows for fault-based divorces on grounds such as adultery, desertion, physical cruelty, or habitual drunkenness/narcotics abuse.

How is property divided in South Carolina divorce?

South Carolina is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally (50/50). The court considers various factors, including the duration of the marriage, contributions of each spouse, and marital misconduct, to determine a just apportionment.

Is mediation mandatory in South Carolina divorce cases?

Yes, mediation is mandatory in most contested Family Court cases in South Carolina, including divorce and child support disputes. Parties are required to attend and participate in good faith, though they are not required to reach an agreement.

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All 46 counties

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Each county can have its own filing office or local court resources. Find your area's e-filing portal and case search below.

Official sources