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Free Divorce Papers
For South Carolina

South Carolina's no-fault route demands a year of separation in separate residences — the "living apart" ground that anchors every uncontested case.

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Templates reviewed for the 2026 filing year · Based on official state forms

Document Templates

South Carolina divorce template samples

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Uncontested Divorce Sample See the full text of the agreement both spouses sign together.

Complaint for Divorce — Uncontested

IN THE FAMILY COURT OF THE STATE OF SOUTH CAROLINA, COUNTY OF [1. County] Case No. [2. Case Number] [3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant. Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Plaintiff has resided in the State of South Carolina, in accordance with S.C. Code § 20-3-30, for the period required by law immediately preceding the filing of this Complaint. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived continuously separate and apart, in separate residences, for a period of at least one year immediately preceding the filing of this Complaint. There are no minor children born of or adopted during this marriage.

Grounds for Divorce

The parties have lived continuously separate and apart, in separate residences, for more than one year, in accordance with S.C. Code § 20-3-10. The marriage should be dissolved.

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [8. Property and Debt Division Terms]

Alimony

The parties have agreed that alimony shall be as follows: [9. Alimony Terms]

Request for Relief

WHEREFORE, Plaintiff respectfully requests that this Court: (a) enter a Decree of Divorce dissolving the marriage of the parties; (b) approve the parties' agreement regarding property, debts, and alimony; (c) restore Plaintiff's former name of [10. Former Name], if requested; and (d) grant such other and further relief as the Court deems just and proper. Dated: [11. Date of Signing]

Verification

I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Contested Divorce Sample See how disputed terms are laid out before you fill anything in.

Complaint for Divorce — Contested

IN THE FAMILY COURT OF THE STATE OF SOUTH CAROLINA, COUNTY OF [1. County] Case No. [2. Case Number] [3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant. Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Plaintiff has resided in the State of South Carolina, in accordance with S.C. Code § 20-3-30, for the period required by law immediately preceding the filing of this Complaint. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived continuously separate and apart, in separate residences, for a period of at least one year immediately preceding the filing of this Complaint. There are no minor children born of or adopted during this marriage.

Grounds for Divorce

The parties have lived continuously separate and apart, in separate residences, for more than one year, in accordance with S.C. Code § 20-3-10. The marriage should be dissolved.

Property and Debt Division

The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that this Court equitably apportion the parties' marital property and debts in accordance with S.C. Code § 20-3-620. The relevant marital assets and liabilities include: [8. Property and Debt Description]

Alimony

The parties are unable to agree on alimony. Plaintiff requests that the Court award alimony in an amount and for a duration that is just and equitable, considering the factors set forth in S.C. Code § 20-3-130. Relevant facts include: [9. Alimony Facts]

Request for Relief

WHEREFORE, Plaintiff respectfully requests that this Court: (a) enter a Decree of Divorce dissolving the marriage of the parties; (b) equitably apportion the parties' marital property and debts; (c) award alimony as the Court deems just and equitable; (d) restore Plaintiff's former name of [10. Former Name], if requested; and (e) grant such other and further relief as the Court deems just and proper. Dated: [11. Date of Signing]

Verification

I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Uncontested Divorce with Children Sample See the agreement plus the parenting plan section in full.

Complaint for Divorce — Uncontested with Children

IN THE FAMILY COURT OF THE STATE OF SOUTH CAROLINA, COUNTY OF [1. County] Case No. [2. Case Number] [3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant. Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Plaintiff has resided in the State of South Carolina, in accordance with S.C. Code § 20-3-30, for the period required by law immediately preceding the filing of this Complaint. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived continuously separate and apart, in separate residences, for a period of at least one year immediately preceding the filing of this Complaint. There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].

Grounds for Divorce

The parties have lived continuously separate and apart, in separate residences, for more than one year, in accordance with S.C. Code § 20-3-10. The marriage should be dissolved.

Custody and Parenting Plan

The parties have reached a full agreement regarding legal and physical custody of the minor child(ren), in accordance with the best interests of the child(ren) under S.C. Code § 63-15-40. The agreed parenting plan is as follows: [10. Parenting Plan Terms]

Child Support

The parties have reached an agreement on child support consistent with the South Carolina Child Support Guidelines (S.C. Code § 63-17-470). The agreed monthly child support amount is [11. Child Support Amount], payable by [12. Paying Parent] to [13. Receiving Parent]. Additional terms: [14. Child Support Additional Terms]

Medical and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be shared as follows: [15. Medical and Childcare Terms]

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [16. Property and Debt Division Terms]

Alimony

The parties have agreed that alimony shall be as follows: [17. Alimony Terms]

Request for Relief

WHEREFORE, Plaintiff respectfully requests that this Court: (a) enter a Decree of Divorce dissolving the marriage of the parties; (b) approve the parties' parenting plan regarding legal and physical custody of the minor child(ren); (c) order child support in accordance with the parties' agreement and the South Carolina Child Support Guidelines; (d) approve the parties' property and debt division; (e) restore Plaintiff's former name of [18. Former Name], if requested; and (f) grant such other and further relief as the Court deems just and proper. Dated: [19. Date of Signing]

Verification

I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [20. Execution Date] day of [21. Execution Month, Year], at [22. City and State of Execution].
Contested Divorce with Children Sample See how custody and parenting terms appear in the full document.

Complaint for Divorce — Contested with Children

IN THE FAMILY COURT OF THE STATE OF SOUTH CAROLINA, COUNTY OF [1. County] Case No. [2. Case Number] [3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant. Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Plaintiff has resided in the State of South Carolina, in accordance with S.C. Code § 20-3-30, for the period required by law immediately preceding the filing of this Complaint. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. The parties have lived continuously separate and apart, in separate residences, for a period of at least one year immediately preceding the filing of this Complaint. There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].

Grounds for Divorce

The parties have lived continuously separate and apart, in separate residences, for more than one year, in accordance with S.C. Code § 20-3-10. The marriage should be dissolved.

Custody and Parenting Plan

The parties are unable to agree on legal or physical custody of the minor child(ren). Plaintiff requests that the Court award custody and establish a parenting plan in accordance with the best interests of the child(ren) under S.C. Code § 63-15-40. Relevant facts include: [10. Custody Dispute Facts]

Child Support

The parties are unable to agree on child support. Plaintiff requests that the Court order child support in accordance with the South Carolina Child Support Guidelines (S.C. Code § 63-17-470). Relevant facts include: [11. Child Support Facts]

Medical, Dental, and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [12. Medical and Childcare Terms]

Property and Debt Division

The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that the Court equitably apportion the parties' marital property and debts in accordance with S.C. Code § 20-3-620. The relevant marital assets and liabilities include: [13. Property and Debt Description]

Alimony

The parties are unable to agree on alimony. Plaintiff requests that the Court award alimony as the Court deems just and equitable under S.C. Code § 20-3-130. Relevant facts include: [14. Alimony Facts]

Request for Relief

WHEREFORE, Plaintiff respectfully requests that this Court: (a) enter a Decree of Divorce dissolving the marriage of the parties; (b) determine legal and physical custody and establish a parenting plan in the best interests of the minor child(ren); (c) order child support in accordance with the South Carolina Child Support Guidelines; (d) equitably apportion the parties' marital property and debts; (e) award alimony as the Court deems just and equitable; (f) restore Plaintiff's former name of [15. Former Name], if requested; and (g) grant such other and further relief as the Court deems just and proper. Dated: [16. Date of Signing]

Verification

I, [3. Plaintiff Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [17. Execution Date] day of [18. Execution Month, Year], at [19. City and State of Execution].
At a Glance

South Carolina divorce at a glance

Residency requirement 3 months (both spouses) / 1 year (one spouse)
Waiting period 90 days after filing
Filing fee $150
Grounds accepted 1-year continuous separation (no-fault)
Official forms SCCA400.01SRL-DIV (Summons), SCCA400.02SRL-DIV (Complaint)

Confirm with your county before filing — fees and rules can vary.

Overview

South Carolina divorce: the separate-residences year

South Carolina keeps one no-fault door, and it is narrow: the parties must live separate and apart without cohabitation for one continuous year before filing, and the separation must be in separate residences — a same-roof separation generally does not count. That year is the anchor of every uncontested case, and it runs before you ever file. After the Complaint is filed, a 90-day waiting period applies before a final decree, though it is exempted for the one-year separation ground itself.

Residency is a two-tier rule under S.C. Code § 20-3-30: three months when both spouses live in South Carolina, a full year when only one does. The Complaint for Divorce goes to the Family Court, and the Judicial Branch supplies a numbered form series — the SCCA400.01SRL-DIV summons, the SCCA400.02SRL-DIV complaint, the acceptance of service, affidavit of default, request for hearing, and the SCCA400.10SRL-DIV final order — plus the SCCA467 cover sheet.

Property division runs through equitable apportionment under S.C. Code § 20-3-620, and alimony follows § 20-3-130. Child support follows the South Carolina Child Support Guidelines, and custody is decided under the best interests standard. The filing fee is $150 in most counties.