How do I file for divorce in South Carolina?

South Carolina divorce is governed by S.C. Code Title 20, Chapter 3.

1. Residency Requirements — If only one spouse lives in South Carolina, that spouse must have been a resident for 1 year. If both spouses live in South Carolina, only 3 months' residency is required.

2. No-Fault Ground — Continuous separation for 1 year (living in separate residences without cohabitation). This is the only no-fault ground.

3. Fault Grounds — Adultery, habitual drunkenness or drug use, physical cruelty, and desertion (1+ year, though rarely used because no-fault is faster after 1 year of separation).

4. Required Forms — Summons, Complaint for Divorce, Family Court Cover Sheet, Financial Declaration, and (if children) a Parenting Plan and Child Support Worksheet.

5. Filing Fee — Approximately $150. Motion to Proceed In Forma Pauperis available.

6. Service of Process — Sheriff, certified mail with return receipt, or private process server. Respondent has 30 days to answer.

7. Mandatory Waiting Period — A divorce on no-fault grounds may not be granted earlier than 90 days after filing the complaint, even though the 1-year separation requirement may already be satisfied.

8. Property Division — South Carolina is an equitable apportionment (distribution) state. Marital property is divided fairly considering 15 statutory factors. Separate property remains with the original owner.

9. Corroborating Witness — Required to verify residency and grounds (typically a friend or family member testifies briefly).

10. Final Decree — A Final Decree of Divorce entered by the Family Court ends the marriage.

This is legal information, not legal advice.