Uncontested divorce in SC: the complete filing guide

Last updated 2026-07-09

What is an uncontested divorce in South Carolina?

An uncontested divorce in SC means both spouses agree on every major issue before a judge ever sees the file. Property division, debt allocation, who keeps the house, child custody, child support, visitation, and alimony (if any) all get settled between the two of you in a written marital settlement agreement. The court's job is mostly to confirm your paperwork is correct and sign the decree.

Compare that to a contested divorce, where one spouse files and the other fights, and you pay attorneys for months or years to argue over things you could have talked through at the kitchen table. Contested divorces in South Carolina regularly run $10,000 to $30,000 or more in attorney fees. Uncontested ones cost $150 to $200 in filing fees plus whatever you spend on paperwork help.

Here's the catch in South Carolina. There's no quick "irreconcilable differences" option the way many other states have it. You need a legally recognized ground. For an uncontested divorce, that almost always means the one-year continuous separation ground under S.C. Code Ann. § 20-3-10(5) ^[1]. That one-year clock matters a lot, and we'll get into exactly how it works.

What are the grounds for divorce in South Carolina, and which one applies to uncontested cases?

South Carolina law recognizes five grounds for divorce under S.C. Code Ann. § 20-3-10 ^[1]:

Ground	Code Section	Contested or Uncontested?
Adultery	§ 20-3-10(1)	Usually contested
Desertion (1 year)	§ 20-3-10(2)	Can be either
Physical cruelty	§ 20-3-10(3)	Usually contested
Habitual drunkenness or drug use	§ 20-3-10(4)	Usually contested
One-year continuous separation	§ 20-3-10(5)	Almost always uncontested

For a true uncontested divorce, you'll use the one-year continuous separation ground. People call it a "no-fault" divorce, though the statute doesn't use that phrase. You don't need to prove your spouse did anything wrong. You need to show the two of you have lived separately and apart for at least 12 continuous months before you file.

"Separately and apart" under South Carolina case law means separate residences. Sharing a home but sleeping in different rooms has generally not satisfied the requirement, based on how courts have read the statute over the years. Moved out on June 1, 2024? You can file no earlier than June 1, 2025.

One trap catches people every year. If you reconcile during that year, even for a weekend, the clock resets. The separation has to be continuous. A weekend spent together to "try things out" can legally restart your one-year clock and push your filing date back by months.

Fault grounds like adultery let you file before the one-year mark, but those cases almost never stay uncontested, because the accused spouse tends to fight the allegation. Stick with the one-year separation unless you have a specific reason not to.

What are the residency requirements to file for divorce in SC?

South Carolina's residency rules come from S.C. Code Ann. § 20-3-30 ^[2]. Two options cover almost everyone.

• If both spouses currently live in South Carolina, either one can file after living in the state for just three months.
• If only one spouse lives in South Carolina, that spouse must have lived in the state for at least one year before filing.

You file in the Family Court of the county where the defendant (the spouse being served) lives, or in the county where the plaintiff lives if the defendant is out of state ^[2].

Residency is simple for most people getting an uncontested divorce here. If you've been separated for a year, you've almost certainly lived in the state long enough. The thing that trips people up is picking the right county. Get this right before you file, because filing in the wrong county can get your case dismissed or transferred, and you eat the delay.

What paperwork do you need to file for an uncontested divorce in SC?

This is where most people feel buried, and it's also where getting it right the first time saves you weeks of back-and-forth with the clerk. Here's the core set of documents.

Summons and Complaint. The Summons tells your spouse they're being sued for divorce. Yes, even in an uncontested case, that's how South Carolina family court procedure works. The Complaint lays out the grounds, your residency, the date of separation, and what you're asking the court to grant.

Marital Settlement Agreement (MSA). Your most important document. It covers how you divide property and debt, whether either spouse pays alimony (and how much, for how long), and, if you have children, a parenting plan with custody, visitation, and child support terms. Everything you and your spouse agreed to goes here.

Financial Declaration. South Carolina Family Court requires both spouses to complete a Financial Declaration disclosing income, expenses, assets, and debts. The South Carolina Judicial Branch publishes this form ^[3].

Affidavit of Plaintiff. A sworn statement confirming the separation date and that it's been continuous for at least one year.

Acceptance of Service or Proof of Service. In an uncontested divorce, the defendant spouse usually signs an Acceptance of Service form, which means you skip paying a process server or the sheriff to formally serve them. Saves time and money.

Child Support Worksheets. With minor children, South Carolina requires support to be calculated under the state's guidelines. The DSS Child Support Calculator ^[4] produces the worksheet you attach to your MSA. A judge cannot deviate from guideline support without a written explanation.

Proposed Final Order and Decree of Divorce. You draft this yourself and hand it to the judge at the final hearing. The judge signs it, and it becomes your divorce decree.

Some counties also require a UCCJEA Affidavit when children are involved (the Uniform Child Custody Jurisdiction and Enforcement Act affidavit listing where the children have lived for the past five years). Check your county's Family Court requirements, because local rules vary.

If you want a ready-to-go packet instead of hunting each form down, services like DivorceClear assemble the full set for about $149 for South Carolina, which is one way to get court-ready documents without hiring an attorney. Service or DIY, make sure every form matches your county's current requirements before you file.

How much does an uncontested divorce in SC cost?

The only mandatory cost is the court filing fee. In South Carolina Family Court, the filing fee for a divorce complaint is $150 as of 2025 ^[3]. Some counties tack on a small administrative surcharge, so the number at the clerk's window is typically $150 to $200. You pay when you file.

Can't afford the fee? South Carolina lets you file an Application to Proceed In Forma Pauperis (IFP) ^[3], which asks the court to waive it based on financial hardship.

Here's what else might cost you money.

Item	Typical Cost
Court filing fee	$150, $200
Process server (if spouse won't sign Acceptance of Service)	$50, $100
Certified copies of final decree	$10, $25 per copy
DIY document service (e.g., online packet)	$100, $200
Attorney for document review	$200, $500
Mediation (if required, rare in uncontested)	$150, $400

A true DIY uncontested divorce in SC can run as low as $150 to $250 if you prepare your paperwork correctly. Budget $300 to $500 to cover certified copies and small surprises.

Hire an attorney just to review your marital settlement agreement (not a bad idea if you have significant assets or children) and that consultation typically runs $200 to $500. Hire one to run the whole uncontested divorce and you're looking at $1,500 to $3,500 in South Carolina. Far less than a contested case, but a big jump from doing it yourself.

Legal fees are the single largest variable in what a divorce actually costs. The divorce rate in America data shows exactly that, which is why uncontested cases end up so much cheaper.

How long does an uncontested divorce take in SC?

The hard minimum is whatever time remains on your one-year separation clock. You can't file before that year is up. Period.

After you file, the timeline hinges on your county's Family Court docket. South Carolina requires at least 30 days between when the defendant is served (or signs the Acceptance of Service) and when the final hearing can be held ^[3]. That 30-day period is a floor, not a ceiling.

Most uncontested divorces in South Carolina take three to six months from filing to final decree. Busy counties like Richland and Greenville can have hearing waits of two to four months just to get on the docket. Smaller rural counties move faster. Nobody publishes clean average wait times by county, but practitioners consistently report three months as a fast result and six months as a normal one.

The sequence looks like this:

1. File Summons and Complaint at the Family Court clerk's office (pay the filing fee) 2. Spouse signs Acceptance of Service (or gets formally served) 3. 30-day waiting period runs 4. Request a hearing date from the clerk 5. Both spouses appear at the final hearing 6. Judge reviews paperwork and signs the Final Decree of Divorce 7. Pick up certified copies

Both spouses have to appear at the final hearing in South Carolina. This surprises people who assumed a fully agreed case could be handled on paper. The judge asks each spouse a few questions under oath to confirm the separation date, that the agreement is voluntary, and that the ground for divorce is met. It's brief, usually 10 to 20 minutes.

How does property division work in an uncontested SC divorce?

South Carolina is an equitable distribution state under S.C. Code Ann. § 20-3-620 ^[5]. "Equitable" means fair, not automatically 50/50. In a contested case, a judge decides what's fair using statutory factors: length of the marriage, each spouse's contributions, economic circumstances, and others.

In an uncontested divorce, you and your spouse decide what's fair and write it into your Marital Settlement Agreement. The judge almost always approves whatever you've agreed to, as long as it doesn't look grossly one-sided or coerced. That's the biggest practical advantage of the uncontested process. You control the outcome instead of handing it to a judge whose factors may not match your real situation.

What counts as "marital property" in South Carolina? Generally, anything acquired during the marriage, regardless of whose name is on the title. The family home, retirement accounts, cars, bank accounts, and business interests built during the marriage are all on the table ^[5].

Separate property (things you owned before marriage, or received as a gift or inheritance during marriage and kept apart) stays yours and doesn't get divided. The complication is commingling. Separate property can turn into marital property once you mix it with joint assets, which happens a lot in longer marriages.

Dividing a 401(k) or pension takes more than the MSA. You'll need a Qualified Domestic Relations Order (QDRO), a separate court order that tells the plan administrator how to split the account. QDROs require specific language and often go through the plan administrator's own review, so budget extra time and possibly $300 to $600 in drafting costs when retirement accounts are involved.

What happens with children, custody, and child support in an uncontested SC divorce?

With minor children, you can't just write down whatever you and your spouse feel like. South Carolina family courts review custody and support under a "best interests of the child" standard, and the judge reads your parenting plan carefully before approving it.

Still, judges approve well-drafted parenting plans in uncontested cases routinely. A good plan includes:

• Legal custody (who decides on education, healthcare, religion)
• Physical custody (where the child primarily lives)
• A detailed parenting schedule (regular weeks, holidays, summer, birthdays)
• How parents communicate about the child
• A dispute resolution process for disagreements

Child support runs on South Carolina's Income Shares model ^[4]. Both parents' gross incomes feed the formula, along with childcare costs, health insurance premiums, and other allowable expenses. The DSS Child Support Calculator ^[4] produces the worksheet you attach to your agreement. Under S.C. Code Ann. § 63-17-470, the guideline amount is rebuttably presumed correct ^[6], so if you want to agree to a different number, your order needs a written finding explaining why deviation is appropriate. Judges are stricter about this than people expect.

Using a child support calculator online? Confirm it's calibrated to South Carolina's guidelines, not a generic national model.

Changing custody or support later requires showing a substantial change in circumstances, so get these terms right the first time. Vague language in a parenting plan breeds conflict down the road.

Does South Carolina require alimony in an uncontested divorce?

No. Alimony is never automatic. In an uncontested divorce, you and your spouse decide whether either of you pays alimony (also called spousal support), how much, and for how long. If neither of you wants it, your MSA simply states that both parties waive it.

If you do agree to alimony, South Carolina recognizes several types under S.C. Code Ann. § 20-3-130 ^[7]: periodic alimony (ongoing monthly payments), lump-sum alimony, rehabilitative alimony (temporary, to help a spouse become self-supporting), reimbursement alimony, and separate maintenance. The type and amount go in your MSA.

One big watch-out. Periodic alimony in South Carolina automatically ends on the death of either party or on the remarriage of the receiving spouse, under § 20-3-130(B) ^[7]. It also ends on cohabitation with a romantic partner under certain conditions. If you're the one receiving alimony and you might remarry or move in with a partner down the line, lump-sum or a defined-term arrangement is worth discussing.

For how alimony works and the factors a court weighs if a case were contested, see our alimony guide.

Waiving alimony is permanent. Once your decree is final and you've waived it, South Carolina courts generally won't let you come back and ask for it later. Think that one through before you sign.

Can you file for uncontested divorce in SC without a lawyer?

Yes. South Carolina allows pro se (self-represented) filing in Family Court. The South Carolina Judicial Branch Self-Help Center ^[3] provides information and some forms for people filing without an attorney.

That said, the SC family court system is more procedurally demanding than some states. The forms aren't as pre-packaged as, say, California or Texas. You're expected to know the rules, draft your own pleadings in the right format, and show up prepared at the hearing. Clerks can answer process questions but can't give legal advice.

Where people most often get into trouble going it alone:

• Marital settlement agreement language. Vague or missing terms get agreements rejected at the hearing or create enforcement problems later.
• Child support calculations. Get the worksheet wrong, or forget to attach it, and your case usually gets sent home.
• Wrong court or wrong forms. Filing in the wrong county or using outdated forms burns your $150 filing fee and weeks of time.
• QDRO omissions. Forget to address retirement accounts in the MSA, then discover you need a QDRO after the divorce is final, and you have an expensive problem.

If your situation is genuinely simple (no children, no real estate, no retirement accounts, short marriage, small assets), DIY is very manageable. The more complexity you add, the more a one-time attorney review before filing earns its keep, even if you never hand the case off. A divorce attorney consultation for document review costs a lot less than fixing a bad MSA after the fact.

What actually happens at the South Carolina final divorce hearing?

The final hearing is the one moment both spouses have to appear in person. South Carolina doesn't let you finalize an uncontested divorce on written submissions alone. Both parties go before the judge.

Expect a formal courtroom, but the atmosphere is businesslike rather than adversarial. The judge or clerk checks your paperwork first. If everything is in order, the plaintiff (the spouse who filed) is sworn in and answers a few questions: confirming their name, the separation date, that the separation has been continuous, that the agreement was signed voluntarily, and that they're asking for the divorce on the stated grounds.

The defendant spouse often gets similar confirming questions. The whole thing usually runs 10 to 20 minutes for a simple case with no children. Cases with children take a few minutes longer, because the judge confirms the child support calculation and reviews the parenting plan.

If the judge finds everything in order, they sign your Final Order and Decree of Divorce. You are legally divorced at that moment. Order certified copies on the spot (usually $10 to $25 per copy from the clerk). You'll need them to change your name on a driver's license, Social Security card, and other records.

If the judge finds a problem, they'll tell you what to fix and you'll come back another day. That's the whole argument for getting the paperwork right before you file instead of finding out at the hearing.

How do you change your name after an uncontested divorce in SC?

South Carolina lets you restore a former name as part of the divorce decree itself. Your Complaint or Final Order should include a request to restore your former name. Once the judge signs the decree with that language, you have legal authority to change it everywhere.

The order of operations for name changes after divorce in SC:

1. Get certified copies of your Final Decree (get at least two) 2. Update your Social Security card first (the SSA charges no fee) ^[8] 3. Take your updated Social Security card plus your decree to the SCDMV to update your driver's license 4. Update your bank accounts, employer records, passport, and voter registration

The Social Security Administration and the SCDMV both require the actual certified copy, not a photocopy. Don't let anyone keep your original.

Forgot to include the name restoration request in your divorce paperwork? You'll need a separate name change petition in South Carolina circuit court, which costs extra time and money. Build it into your original divorce documents and skip that headache.

Frequently asked questions

Can I file for uncontested divorce in SC if my spouse lives in another state?

Yes, as long as you've lived in South Carolina for at least one year. You file in the county where you live, and your out-of-state spouse can sign an Acceptance of Service. Some counties allow the defendant to join the final hearing by phone or video, though practices vary. Confirm remote appearance procedures with your county's Family Court clerk before scheduling the hearing.

Do both spouses have to agree to file for uncontested divorce in SC?

Yes, in a practical sense. The one-year separation ground is no-fault, so your spouse can't legally block the divorce. But if they refuse to sign the Acceptance of Service or the Marital Settlement Agreement, the case turns contested. You can still get divorced eventually, but you'll need formal service of process, and the case will take longer and cost more.

What if we own a house together? Can we still do an uncontested divorce?

Yes. You just address the house in your Marital Settlement Agreement. Options include one spouse buying out the other, selling and splitting the proceeds, or agreeing one spouse keeps it for a defined period. If you're transferring ownership, you'll file a deed with the county Register of Deeds after the divorce is final. A real estate attorney can prepare the deed for a few hundred dollars.

Can I get a legal separation instead of a divorce in South Carolina?

South Carolina does not recognize legal separation as a distinct status. You're either married or divorced. You can file for "separate support and maintenance" under S.C. Code Ann. § 20-3-160, a court order that addresses support and custody while you stay legally married. Some couples use this when they have religious objections to divorce or need to stay married for insurance reasons.

What county do I file my uncontested divorce in South Carolina?

Under S.C. Code Ann. § 20-3-60, you file in the county where you live or where your spouse (the defendant) lives. If only one spouse lives in South Carolina, file in the county where that spouse resides. File in the wrong county and the court can dismiss or transfer the case, so confirm the correct venue before you pay your filing fee.

Does South Carolina have a waiting period after filing for divorce?

Yes. South Carolina requires at least 30 days between service of the Summons and Complaint on the defendant and the final hearing. This is separate from the one-year separation requirement. Beyond that mandatory 30-day window, your actual wait depends on the county court's docket, which typically adds two to four months to the total timeline.

Can I get alimony waived in an uncontested SC divorce?

Yes. In an uncontested case, both spouses include language in the Marital Settlement Agreement stating each party waives any claim to alimony, now and in the future. Once the decree is final with that waiver in it, the waiver is permanent. South Carolina courts will not revisit a voluntary, knowing waiver of alimony after the divorce is final.

What forms do I need for uncontested divorce in SC if we have no children?

Without children, your core paperwork is a Summons, a Complaint for Divorce, a Marital Settlement Agreement addressing property and debt, an Affidavit of Plaintiff confirming the separation, an Acceptance of Service signed by your spouse, and a proposed Final Order and Decree of Divorce. You'll likely also need a Financial Declaration. Check with your county's Family Court clerk for local requirements.

How do I serve divorce papers to my spouse in an uncontested case in SC?

In an uncontested divorce, the simplest method is having your spouse sign an Acceptance of Service form, which they can do voluntarily the moment you file. That avoids formal service by a process server or the sheriff. The signed Acceptance of Service gets filed with the court. If your spouse won't cooperate, you'll need formal service, which costs $50 to $100 and adds time.

Is there a filing fee waiver available for uncontested divorce in SC?

Yes. South Carolina lets you apply to proceed In Forma Pauperis if you can't afford the filing fee. You file an application with supporting financial information. The court reviews it and, if approved, waives the fee. The South Carolina Judicial Branch provides information on this process through its self-help resources at sccourts.org.

Will a South Carolina judge reject my marital settlement agreement?

A judge can reject an MSA if it's missing required terms, the child support calculation doesn't match SC guidelines, the language is too vague to enforce, or it appears one spouse signed under duress. Judges almost never reject an MSA that's complete, correctly calculated, and clearly voluntary. Getting the agreement right before you file is the single best thing you can do to avoid a rejected hearing.

Can I modify custody or child support after an uncontested SC divorce?

Yes, but you need to show a substantial change in circumstances since the original order. Courts set a high bar because stability matters for children. Common qualifying changes include a significant income shift for either parent, a parent relocating, or a major change in the child's needs. You'd file a motion to modify in Family Court, and both spouses would have a chance to respond.

Does it matter who files first in an uncontested SC divorce?

Not really. The person who files is the "plaintiff" and the other is the "defendant," but these labels carry no advantage when everything is agreed. The one minor consideration: if both spouses live in different counties, the plaintiff's filing choice determines which county handles the case.

Sources

1. South Carolina Legislature, S.C. Code Ann. § 20-3-10 (Grounds for Divorce): South Carolina recognizes five grounds for divorce including one-year continuous separation under § 20-3-10(5)
2. South Carolina Legislature, S.C. Code Ann. § 20-3-30 (Residence Requirements) and § 20-3-60 (Venue): Residency requirements: three months if both in SC, one year if only one spouse in SC; venue is county of plaintiff or defendant residence
3. South Carolina Judicial Branch, Family Court Self-Help Center and Forms: South Carolina Family Court filing fee, Financial Declaration form, in forma pauperis application, and 30-day waiting period requirement
4. South Carolina Department of Social Services, Child Support Calculator: South Carolina uses an Income Shares model; DSS provides the official child support calculator and worksheet
5. South Carolina Legislature, S.C. Code Ann. § 20-3-620 (Equitable Division of Marital Property): South Carolina is an equitable distribution state; marital property is property acquired during the marriage subject to equitable division
6. South Carolina Legislature, S.C. Code Ann. § 63-17-470 (Child Support Guidelines): South Carolina child support guidelines are rebuttably presumed correct; deviation requires written findings
7. South Carolina Legislature, S.C. Code Ann. § 20-3-130 (Alimony Types and Termination): Periodic alimony terminates automatically upon death of either party or remarriage of the receiving spouse; multiple alimony types recognized
8. Social Security Administration, Changing Your Name After Marriage or Divorce: SSA does not charge a fee to update name on Social Security card; certified divorce decree required
9. South Carolina Legislature, S.C. Code Ann. § 20-3-160 (Separate Support and Maintenance): South Carolina offers separate support and maintenance as an alternative to divorce for couples who do not wish to divorce