Reviewed August 2026
Cost and Filing Fees in South Carolina
Filing for divorce, annulment, or separate support and maintenance in South Carolina family court costs $150. That figure comes from the South Carolina Judicial Branch's published family court filing fee schedule. The fee is set at the state level, so it works the same way whether you file in Charleston County, Richland County, or any other South Carolina county. If you can't afford the fee, you can ask the court for permission to skip it by filing SCCA405, the Motion and Affidavit to Proceed In Forma Pauperis. Family court filing fees are waived automatically for certain case types, and for filers represented by a legal aid or pro bono program. Beyond the filing fee, the total cost of a South Carolina divorce depends on serving the other spouse, whether minor children are involved, and how contested the case gets.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under South Carolina law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Carolina paperwork. See how Virdix works for California divorces.
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Family court filing fee
The South Carolina Judicial Branch's family court fee schedule sets the filing fee at $150 for divorce, annulment, and separate support and maintenance actions. The same $150 fee covers related family court cases, including child support and alimony actions, child custody and visitation actions, and post-dissolution equitable distribution actions. A different fee applies to registering a foreign divorce decree: $100, waived entirely if the decree addresses custody or support. The schedule is statewide, so it applies the same way in every South Carolina family court.
Fee waiver: proceeding in forma pauperis
If you can't afford the $150 filing fee, you can file SCCA405, the Motion and Affidavit to Proceed In Forma Pauperis, asking the court for permission to proceed without paying it. This falls under Rule 3(b)(1) of the South Carolina Rules of Civil Procedure. South Carolina's fee schedule also waives the filing fee for a case filed with an order already granting a Motion for Leave to Proceed in Forma Pauperis. No fee applies either when a party is represented by an attorney from a legal aid society, a legal services organization, or the South Carolina Pro Bono Program, as long as the attorney provides written certification.
Serving the other spouse
After filing, South Carolina requires the divorce complaint and summons to be served on the other spouse. This is usually done through the county sheriff or a private process server, and both charge a fee separate from the family court filing fee. South Carolina's fee schedule notes that a defendant or respondent pays no fee to file an answer, return, or other papers in a civil action once served. If the other spouse's location is unknown, service by publication is available, but it requires a separate court order plus newspaper publication costs.
Cases with minor children
South Carolina family courts charge a Motion Fee for certain post-filing motions. The current amounts appear in a separate Motion Fee List published by court order; they're not part of the base $150 filing fee. For cases involving minor children, any required parenting class or mediation is generally arranged at the county level rather than through one statewide fee. Check with the family court clerk in the county where you're filing for current requirements and costs.
What makes a South Carolina divorce cost more
The $150 filing fee plus a basic service fee cover an uncontested case, where both spouses agree on the terms. A contested case costs more. It can require additional motions, each with its own motion fee, discovery such as requests for financial records or depositions, mediation, appraisals of real property or a business, and multiple hearings before a family court judge. Disputes over equitable distribution of property, alimony, or child custody are the most common reasons a South Carolina divorce ends up costing more than the base filing and service fees.
Sources: South Carolina Judicial Branch: Family Court Filing Fees, South Carolina Judicial Branch: Form SCCA405, Motion and Affidavit to Proceed In Forma Pauperis (PDF), South Carolina Judicial Branch: Self Help Resources
Not independently confirmed
- Sheriff/process server service fee amounts by county
- Current dollar amounts on the 2016 Motion Fee List
- County-level parenting class requirements and costs
Cost and Filing Fees in South Carolina: frequently asked questions
How much does it cost to file for divorce in South Carolina?+
The South Carolina Judicial Branch's family court fee schedule sets the filing fee for divorce, annulment, and separate support and maintenance actions at $150. It's a single statewide fee, so it applies the same way in every South Carolina county's family court.
What if I can't afford the South Carolina filing fee?+
File SCCA405, the Motion and Affidavit to Proceed In Forma Pauperis, to ask the court for permission to proceed without paying the $150 filing fee, under Rule 3(b)(1), SCRCP. Filers represented by a legal aid society, a legal services organization, or the South Carolina Pro Bono Program can also get the fee waived with written certification from the attorney.
Does South Carolina charge extra to serve my spouse with divorce papers?+
Yes. Serving the complaint and summons through the county sheriff or a private process server carries a fee separate from the $150 filing fee, and the amount depends on the method and county. The defendant pays no fee to file an answer once served. If your spouse's location is unknown, service by publication requires a court order plus separate newspaper costs.
How much does it cost to register a foreign divorce decree in South Carolina?+
South Carolina's family court fee schedule sets a $100 filing fee for registering a foreign divorce decree. That fee is waived entirely if the decree addresses custody or support, so registration is free in that case.
Are there extra fees for motions in a South Carolina divorce case?+
Yes. Family court motions carry their own separate Motion Fee, set out in a court-ordered Motion Fee List rather than as part of the $150 base filing fee. A contested case with multiple motions will accumulate these fees on top of the initial filing fee.
What makes a South Carolina divorce cost more than the filing fee?+
Contested cases cost more. Disputes over equitable distribution of property, alimony, or child custody can require additional motions, each with its own fee, plus discovery, mediation, appraisals of real estate or business interests, and multiple hearings before a family court judge. An uncontested case, where both spouses agree, keeps costs closer to the base filing and service fees.
This page is general information about cost and filing fees in South Carolina, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Carolina's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Carolina. Virdix does not prepare or file South Carolina divorce paperwork. It is not a substitute for an attorney licensed in South Carolina.
More South Carolina divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in South Carolina, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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