Reviewed August 2026
Uncontested Divorce Checklist in South Carolina
A South Carolina divorce is uncontested when both spouses agree the marriage should end. They also must resolve property, debt, and any custody and support terms before the case reaches a final hearing. For an agreeing couple, South Carolina's key rule is a precondition to filing, not a wait after filing. The no-fault ground requires the couple to have already lived separate and apart, without cohabitation, for a full year before the complaint can be filed at all. South Carolina does not offer a mutual-consent shortcut like some neighboring states do. Agreement alone does not shorten the one-year separation requirement. Instead, South Carolina offers a standardized, centrally numbered set of self-help forms called the SRL Simple Divorce Packet. It is built for spouses who handle an uncontested case themselves.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist 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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What makes a South Carolina divorce uncontested
A case is uncontested when both spouses agree the marriage should end. They also need agreement on property division, debt, and, for couples with children, custody and support. South Carolina's no-fault ground requires the couple to have already lived separate and apart without cohabitation for one full year before filing the complaint. If either spouse has lived in South Carolina for at least one year before filing, that satisfies residency. If both spouses are South Carolina residents, the residency period drops to three months before filing.
No mutual-consent shortcut, but a standardized self-help packet
South Carolina has no distinct summary dissolution statute and no mutual-consent track to shorten the one-year separation requirement for couples who agree right away. The only way to skip that wait is to use one of the state's four fault grounds instead: adultery, one-year desertion, physical cruelty, or habitual drunkenness or narcotic use. South Carolina does provide the Judicial Branch's SRL Simple Divorce Packet. It is a full set of standardized, numbered forms built around the one-year separation ground, for self-represented filers.
Document checklist
The Simple Divorce Packet centers on form SCCA400.02SRL-DIV, the Complaint for Divorce. Depending on how the case proceeds, filers may also need SCCA400.08SRL-DIV, Request for Hearing, and SCCA400.09SRL-DIV, Affidavit of Service by Mailing, for the hearing notice. If the defendant does not respond, filers also need SCCA400.07SRL-DIV, Affidavit of Default for Divorce. The packet ends with SCCA400.10SRL-DIV, the Final Order of Divorce. A statewide base filing fee of $100 applies, under the general clerk-of-court fee schedule. Filers who cannot afford it can submit SCCA405, the Motion and Affidavit to Proceed In Forma Pauperis.
Is a hearing required
Yes. South Carolina's Simple Divorce Packet includes a Request for Hearing form, plus a Sample Script for Plaintiff's Testimony and a Sample Script for Questioning a Witness. This shows that a final hearing with sworn testimony is part of even a fully uncontested case. The plaintiff, and in some cases a corroborating witness, testifies briefly to confirm the separation and the terms of the agreement. Only then does the Family Court judge sign the Final Order of Divorce.
Sources: S.C. Code Ann. Section 20-3-10, grounds for divorce (one-year separation), South Carolina Judicial Branch, SRL Simple Divorce Packets, South Carolina Judicial Branch, self-help resources
Not independently confirmed
- Whether individual county Clerks of Court layer additional local administrative fees on top of the $100 statewide base filing fee
- Whether self-represented divorce filers can e-file, since sccourts.org labels its e-filing access as being for attorneys
Uncontested Divorce Checklist in South Carolina: frequently asked questions
What qualifies a South Carolina divorce as uncontested?+
Both spouses agree the marriage should end and have already resolved property, debt, and any custody and support terms. The no-fault ground requires the couple to have lived separate and apart without cohabitation for a full year before the complaint can be filed.
Can we speed up a South Carolina divorce if we both agree right away?+
Not through the no-fault ground. South Carolina has no mutual-consent shortcut that shortens the one-year separation requirement. The only way to skip the wait is to use one of the four fault grounds instead: adultery, one-year desertion, physical cruelty, or habitual drunkenness or narcotic use.
What is South Carolina's Simple Divorce Packet?+
A standardized, centrally numbered set of self-help forms, published by the South Carolina Judicial Branch for spouses who handle an uncontested divorce themselves. It is built around the one-year separation ground, starting with form SCCA400.02SRL-DIV, the Complaint for Divorce.
Do we have to go to a hearing for an uncontested South Carolina divorce?+
Yes. South Carolina's Simple Divorce Packet includes a Request for Hearing form, plus sample testimony scripts for the plaintiff and a witness. This confirms that a brief hearing with sworn testimony is required, before a Family Court judge signs the Final Order of Divorce.
How much does it cost to file for divorce in South Carolina?+
A statewide base fee of $100 applies to file the Complaint, under the general clerk-of-court fee schedule. Check with the filing county's Clerk of Court to see whether local administrative fees apply on top of that base amount.
What if I can't afford the South Carolina filing fee?+
File form SCCA405, the Motion and Affidavit to Proceed In Forma Pauperis, published on the South Carolina Judicial Branch's self-represented-litigant forms page. It asks the court to waive the fee, based on your inability to pay.
This page is general information about uncontested divorce checklist 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
Virdix currently serves California and Florida
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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