South Carolina divorce at a glance
Confirm with your county before filing — fees and rules can vary.
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.