Reviewed July 2026
Filing for Divorce in South Carolina
A plain-language look at how divorce works under South Carolina law: who can file, how long it takes, what it costs, and where South Carolina's own court forms and self-help resources are.
Virdix's document-preparation product currently prepares divorce paperwork for California cases only. This page explains how the process works under South Carolina law, using South Carolina's own court forms and self-help resources, for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Carolina divorce paperwork. See how Virdix works for California divorces.
South Carolina's defining, most-searched fact is exactly what the brief flagged: its no-fault ground requires the couple to have already lived separate and apart without cohabitation for a full year before the divorce complaint can even be filed, not a one-year wait after filing, but a one-year precondition to filing at all, confirmed directly against the current statutory text at S.C. Code Ann. Section 20-3-10. This is unusually long compared to most other states in this project and, unlike Pennsylvania's mutual-consent shortcut, South Carolina provides no shorter no-fault alternative for couples who both agree to divorce immediately, mutual agreement alone does not shorten the one-year separation requirement; only pursuing one of the four fault grounds (adultery, one-year desertion, physical cruelty, or habitual drunkenness/narcotic use) avoids the wait. South Carolina also stands out among the pilot states for publishing centrally numbered, SCCA-prefixed statewide self-represented-litigant divorce forms (SCCA400.02SRL-DIV for the complaint, SCCA405 for the fee waiver) rather than leaving pro se filers to a legal-aid-only packet.
Grounds for divorce in South Carolina
No-fault grounds
- Living separate and apart without cohabitation for one year, available to either party
Fault-based grounds
- Adultery
- Desertion for a period of one year
- Physical cruelty
- Habitual drunkenness (construed to include habitual use of any narcotic drug)
South Carolina does not have a mutual-consent shortcut comparable to Pennsylvania's 90-day track; the one-year separation ground is the only no-fault alternative.
Source: scstatehouse.gov
Who can file: residency rules
If either spouse has been a South Carolina resident for at least one year immediately before filing, that is sufficient (i.e., the plaintiff must have resided in the state at least one year before commencing the action, or the defendant must have if the plaintiff is a nonresident). If both spouses are South Carolina residents at the time the action begins, the residency period shortens to three months immediately before filing. Military personnel stationed in South Carolina satisfy residency by maintaining continuous presence in the state during the required period, regardless of intent to remain permanently.
S.C. Code Ann. Section 20-3-30
Source: scstatehouse.gov
How long it takes
For the no-fault ground, the parties must have already lived separate and apart without cohabitation for a full one year before the divorce complaint can even be filed on that ground, this is a precondition to filing, not a post-filing waiting period, and South Carolina statute expressly bars using res judicata or recrimination defenses to block a divorce sought on this ground. For fault-based grounds (adultery, one-year desertion, physical cruelty, habitual drunkenness/narcotic use), no equivalent separation precondition applies, though normal litigation/scheduling timelines still apply, and Section 20-3-80 allows an expedited hearing/decree once responsive pleadings are filed or a default judgment enters, for desertion- or separation-based cases.
S.C. Code Ann. Section 20-3-10 (one-year separation precondition for no-fault ground); Section 20-3-80 (expedited hearing provision)
Source: scstatehouse.gov
That figure is the statutory floor, not a promise. Service, exchanging financial disclosures, and the court's own hearing calendar routinely add time on top of it, and a contested case takes longer than an uncontested one regardless of the minimum. California, by comparison, requires a mandatory six month waiting period from the date of service.
Cost and filing fees
A statewide base statutory filing fee of $100 applies to filing a first complaint or petition in a South Carolina civil action, per S.C. Code Ann. Section 8-21-310(C)(1); a divorce Complaint is filed under this general clerk-of-court fee schedule. This research could not fully confirm whether Family Court applies this exact provision without any add-on, or whether individual county clerks layer additional local administrative fees on top (as several other pilot states in this project do), confirm the current all-in total with the filing county's Clerk of Court before budgeting.
Source: scstatehouse.gov
California's own statewide filing fee is generally $435 to $450 statewide, with a fee waiver available for those who qualify.
Divorce forms and papers
The petition
Form SCCA400.02SRL-DIV, 'Complaint for Divorce', South Carolina publishes standardized, centrally numbered (SCCA-prefixed) statewide court forms for self-represented divorce filers, unlike states with no numbered form at all.
Source: sccourts.org
Fee waiver
Form SCCA405, 'Motion and Affidavit to Proceed In Forma Pauperis,' published on the South Carolina Judicial Branch's self-represented-litigant forms page.
Source: sccourts.org
South Carolina publishes fillable forms for this process.
California uses standardized Judicial Council forms, starting with the Petition (Form FL-100), across every county. See California's own divorce forms.
Filing online
South Carolina operates a statewide e-filing system administered by the Judicial Branch, but the navigation on sccourts.org specifically labels e-filing access as 'E-Filing for Attorneys.' This research could not confirm from a primary source whether self-represented (pro se) divorce filers can or must e-file, or whether participation is uniform across all counties for Family Court case types, treat self-represented e-filing status as unconfirmed.
Uncontested and simplified divorce
South Carolina offers a distinct simplified or summary track.
South Carolina's Judicial Branch publishes standardized 'SRL (Self-Represented Litigant) Simple Divorce Packets,' including the numbered Complaint for Divorce (SCCA400.02SRL-DIV) and in forma pauperis (SCCA405) forms, and directs users to a free interactive version of the same packets hosted by South Carolina Legal Services at lawhelp.org/sc. This research could not confirm specific statutory eligibility thresholds (marriage length, income, property caps) gating use of the 'Simple Divorce' packet the way Oregon's summary dissolution statute defines them, it appears to function as a self-help paperwork packet built around the standard grounds in Section 20-3-10 rather than a separate statutory summary-dissolution procedure with its own eligibility statute.
Source: sccourts.org
California's equivalent is uncontested divorce in California, which uses the same statewide forms as any other case but moves faster once both spouses agree on every term.
Filing without a lawyer
South Carolina allows self-represented filers, and most divorces filed in the state proceed this way. Because Virdix prepares paperwork for California cases only, a South Carolina filer handling their own case works directly from South Carolina's own forms and self-help materials rather than a Virdix-prepared packet. South Carolina's official self-help resources are the direct source for the current forms and instructions.
For how self-representation works in the state Virdix does serve, see divorce without a lawyer in California and DIY divorce vs. hiring a lawyer.
More about divorce in South Carolina
How property is divided
Equitable distribution (called 'equitable apportionment' in South Carolina statute), not community property. S.C. Code Ann. Section 20-3-630 defines marital property as real and personal property acquired by the parties during the marriage (excluding inheritances, gifts, pre-marital property, and property excluded by contract). Section 20-3-620 directs courts to weigh 15 enumerated factors, including marriage duration, economic misconduct, property values, earning potential, health, educational needs, tax consequences, and child custody arrangements. Section 20-3-660 authorizes property transfers, ordered sales, or a monetary award to achieve equitable apportionment.
Source: scstatehouse.gov
California is the only state on this site with a full county-by-county breakdown. See how California's divorce process compares across its 58 counties.
This page is general information about South Carolina divorce procedure, not legal advice for your situation. Laws, fees, and forms change over time; confirm current details with South Carolina's own courts before relying on anything here. Virdix is not a law firm, is not licensed to practice law in South Carolina, and does not prepare or file South Carolina divorce paperwork. It is not a substitute for an attorney licensed in South Carolina.
Divorce guides for nearby states
Virdix currently serves California
If you're filing for divorce in California, Virdix guides you through the state's Judicial Council forms so your paperwork is complete and consistent before you file. If you're filing in South Carolina, the official resources linked above are the right place to start.