Uncontested Divorce in South Carolina

To get an uncontested, no-fault divorce—also called a "simple divorce" in South Carolina—you and your spouse must agree on all of the issues needed to end your marriage. As the name suggests, a simplified divorce is typically easier and cheaper than a regular, contested divorce. However, you have to meet certain rules and follow the legal steps outlined below.

What Makes a Divorce "Simple" in South Carolina?

A simple divorce in South Carolina is an uncontested, no-fault divorce. If you want to file for one, you must meet three basic requirements:

• state residency
• a year-long separation, and
• total agreement on all divorce issues.

1. South Carolina's Residency Requirement for Divorce

To get any type of divorce in South Carolina, at least one spouse must have lived in the state for a specific amount of time just before filing the divorce papers. The required time depends on where you both live:

• If both spouses live in South Carolina, the spouse who files the paperwork must have resided in the state for at least the past three months.
• If only one spouse lives in South Carolina, that spouse must have lived in South Carolina for one full year before filing.

Being stationed in South Carolina on active military duty counts as living in the state.

(S.C. Code § 20-3-30 (2026).)

2. The One-Year Separation Requirement for Simple Divorce

You need a legally accepted reason (called a “ground”) for divorce in South Carolina. The state allows divorces based on both "no-fault" and “fault” grounds. However, to get a simple, uncontested divorce, you must use the only no-fault reason available: you and your spouse must live "separate and apart" for at least one continuous year. (S.C. Code § 20-3-10 (2026).)

The South Carolina Supreme Court has ruled that sleeping in separate bedrooms in the same house doesn't count as living separate and apart. You must live in completely different houses. (Barnes v. Barnes, 280 S.E.2d 538 (S.C. 1981).)

Because you'll have to live apart for a full year before you can even file for a simple divorce, you'll have to come up with a plan for how to handle money, bills, and minor children in the meantime. South Carolina doesn't have a formal legal separation procedure. However, you can file for an Order of Separate Maintenance and Support through the Family Court. (S.C. § 20-3-130 (2026).)

3. Total Agreement on the Issues in Your Divorce

To get a simple divorce in South Carolina, you and your spouse must agree on all of the issues in your divorce, including:

• Property and debts: You must agree on how to divide your property and debts.
• Children: You must either have no minor children with your spouse or agree on child custody, visitation, and child support.
• Alimony (Spousal Support): You must agree on whether one spouse will pay alimony to the other. You don't have to waive your right to alimony to get a simple divorce, but you both must completely agree on the amount and terms if it's going to be paid. And you might not be able to use South Carolina's Self-Represented Litigant (SRL) Simple Divorce Packet, which doesn't contain any alimony-related checkboxes.

Once you agree on everything, you will write down the details in a divorce settlement agreement.

How Is a Contested Divorce Different?

If you and your spouse can't agree on everything, your case becomes a "contested divorce." This means you’ll probably have to go through extra legal steps, including:

• gathering evidence (called "discovery")
• filing motions (formal legal requests)
• appearing at court hearings, and
• negotiating or mediating to reach a settlement

Contested divorces tend to take a lot of time. And since you'll likely need a lawyer's help to navigate the contested divorce process, it will also likely cost a lot more.

The Simple Divorce Process in South Carolina

Getting a simple divorce involves a few basic steps.

Find and Prepare the Divorce Forms

The spouse who starts the process (called the "petitioner") needs to fill out several forms, including a Complaint for Divorce, a Summons, and a Financial Declaration.

You can find free forms and instructions on the South Carolina Judicial Department's website. Or, an online divorce service generate the necessary forms for you (more on that below).

File the Divorce Paperwork

The next step is to file the completed forms with the Family Court Clerk in the right county:

• If you and your spouse both live in South Carolina, file in the county where you last lived together as a couple or where your spouse lives now.
• If your spouse lives out of state, you'll file in the county where you live.
• If you live out of state but your spouse lives in South Carolina, file in the county where your spouse currently lives.

(S.C. Code § 20-3-60 (2026).)

Serve Your Spouse

You must officially deliver (or "serve") the divorce papers on your spouse. In a simple divorce, the easiest service method is simply to ask your spouse to agree to receive the divorce paperwork directly from you. Your spouse will have to sign an "Acceptance of Service" form, which you'll then file with the court. You can serve them via certified mail or by hiring a process server.

(S.C. Rules Civ. Proc., rule 4 (2026).)

Wait for an Answer and Request a Hearing

Under South Carolina rules, your spouse has 30 days to file an answer to the divorce complaint. (S.C. Rules Civ. Proc., rule 12(a) (2026).)

Once you get their answer (or after 35 days if they don't answer), you can submit a Request for Hearing. The court will mail you a Notice of Hearing with your court date. You must mail a copy of this notice to your by certified mail. (S.C. Rules Fam. Ct., rule 17(a) (2026).)

Attend the Hearing and Finalize Your Divorce

In South Carolina, you must go to a court hearing to finalize your divorce. But with a simple divorce, your spouse doesn't have to attend.

You must bring an independent witness, such as a parent or neighbor, who has personal knowledge that you and your spouse lived separate and apart for one year. The witness must come to the hearing and testify to that under oath.

The judge will probably ask a few questions, review your paperwork, and sign the Final Order of Divorce. Your divorce is final once the clerk files the signed order.

How Long Does It Take and How Much Does It Cost?

You must wait one full year to meet the separation rule. But once you've filed the paperwork, a simple divorce usually takes about three to six months to finish, depending on how busy your local court is.

An uncontested divorce is usually a lot cheaper than a contested divorce. That’s because many couples can get through the uncontested divorce process without hiring lawyers, which leads to big savings on the normal cost of divorce.

The court filing fee for an uncontested divorce in South Carolina is $150 (as of 2026). If you can't afford the fee, you can ask the court to waive the fee by filing a special form.

Beyond the filing fee, your costs will depend on whether you whether you do-it-yourself yourself or need some help with the process.

Can an Uncontested Divorce Become Contested?

If you've filed for a simple divorce, but your spouse has a change of heart and files an answer that doesn't agree to everything in your divorce complaint, your case will be treated as a contested divorce.

Getting Help With Your Simple Divorce

Even in a simple divorce, you might want some legal help. A divorce lawyer can answer your questions, help you negotiate a settlement, and represent you in court if necessary. LawHelp.org offers free legal information for South Carolina residents.

If you can't afford to hire a lawyer, an online divorce service can complete the necessary forms for you based on a questionnaire. Some services, which range from $150 to $500, will even take care of filing the papers for you.

For free help, check out LawHelp.org and South Carolina courts' self-help resources.