The Documents You Need for an Uncontested Divorce in South Carolina
Filing an uncontested divorce in South Carolina involves more than completing a Complaint. There are documents to start the case, establish that your spouse received the papers, address financial matters, and obtain the final divorce order.
This guide explains the paperwork commonly used in an uncontested South Carolina divorce without minor children, including which documents are standard and which are needed only in certain situations.
For instructions on the filing process itself, see our step-by-step guide to filing an uncontested divorce in South Carolina.
Documents used to start the divorce
These documents establish the case and identify what you are asking the Family Court to decide.
- Family Court Coversheet (SCCA 467). An administrative form that provides basic information about the case. It helps the Clerk of Court identify and process the filing.
- Summons. The formal notice informing your spouse that a divorce action has been filed. It explains the obligation to respond and the applicable deadline, generally 30 days after service.
- Complaint for Divorce. The document that begins the lawsuit. It identifies the spouses, states the legal ground for divorce, and tells the court what relief is requested. This may include the divorce itself and any applicable requests concerning property, debts, or support.
- Verification. A sworn statement confirming that the allegations in the Complaint are true to the signer's knowledge or belief, as applicable. Our packet includes a separate Verification to be signed before a notary. A complaint form that already contains an appropriate verification may not require a duplicate document.
- Certificate of Exemption from ADR. Court-ordered mediation in family court applies to contested issues. When the spouses have reached an agreement on every issue, this form certifies that the case is exempt from mediation on that basis. The Family Court Coversheet includes a box for an exempt case with the certificate attached, so it is typically filed at the start of the case. A case that does not qualify for an exemption may need to complete mediation or another approved ADR process before the final hearing. Confirm the filing procedure with the Clerk of Court.
Documents that show your spouse was served
The court needs proof that your spouse received the required legal papers through an authorized method of service.
The appropriate document depends on how service was completed. You generally do not need all three of the following documents.
- Acceptance of Service. Used when your spouse voluntarily acknowledges receiving the court papers. The form in our packet calls for a notarized signature. Accepting service does not, by itself, mean your spouse agrees to the divorce or the requested terms.
- Affidavit of Personal Service. A sworn statement documenting personal service, typically completed by the sheriff, authorized process server, or another person legally permitted to serve the papers.
- Affidavit of Service by Mail. Documents service completed through an authorized mail procedure. Certified mail service has specific requirements, including proof of delivery, so mailing documents alone is not necessarily sufficient.
The method of service determines which proof the court needs. Service by publication, when authorized, involves different paperwork.
Documents needed in certain situations
Not every uncontested divorce requires the same additional documents.
- Affidavit of Default (SCCA 400.07 SRL-DIV). Used when a spouse fails to answer within the applicable response period and the filing spouse seeks to proceed based on that failure. It is not required simply because both spouses agree to the divorce. Default proceedings may also require documentation of the other spouse's military status under federal law.
- Financial Declaration. A sworn statement describing income, expenses, assets, and debts. Under Rule 20 of the South Carolina Rules of Family Court, each party must file and serve one in any case where a party's financial condition is relevant or is an issue for the court, which commonly includes cases involving property, debts, alimony, or support. It is due at or before the first hearing, or within 45 days after the Complaint is served, whichever comes first. If your spouse does not answer, the rule does not require you to serve your declaration on your spouse before the final hearing. Confirm with the Clerk of Court whether one is expected in your case.
- Property and Debt Settlement Agreement. A written agreement recording how the spouses have agreed to handle their property and debts. If there is no marital property or debt to divide, that should still be made clear to the court. A written agreement is not necessarily required in every divorce. Our packet includes a notarized agreement form for situations where one is appropriate.
If a person cannot afford the court's filing fee, a Motion and Affidavit to Proceed in Forma Pauperis may also be available to request permission to proceed without prepaying court costs. The court decides whether to grant that request.
Documents used for the final hearing
These documents help the court schedule the hearing, enter its decision, and complete the required divorce records.
- Request for Hearing. Used to ask the court to schedule the final divorce hearing. The form and scheduling procedure may vary depending on the county and the court's instructions.
- Proposed Final Order of Divorce. The document prepared for the judge to review and sign if the divorce is granted. The judge's signature section should remain blank. Some courts require proposed orders in advance, while others direct parties to provide them at the hearing.
- Report of Divorce or Annulment. The form used to provide information for South Carolina's official divorce records. Confirm the currently accepted version, the sections you must complete, and when it must be submitted. Vital records are now administered by the South Carolina Department of Public Health.
The divorce is not final merely because the proposed order has been prepared or submitted. The court must grant the divorce and enter the appropriate order.
What varies by county
South Carolina has statewide laws and court rules, but some administrative procedures vary among Family Court offices.
For example, the Clerk's office or court may have particular requirements for requesting a final hearing, submitting proposed orders, or providing administrative documents. The court may also have specific instructions about originals, copies, and the way paperwork is delivered.
Those differences do not mean counties can disregard statewide court rules.
Before submitting documents, confirm the current requirements with your county Clerk of Court and make sure you are using the current version of each official form.
Common paperwork mistakes to avoid
Even when both spouses agree to divorce, incomplete or inconsistent paperwork can delay the case.
Common problems include missing signatures, affidavits that were not properly sworn, incomplete service documentation, inconsistent names or dates, and proposed orders that do not match the relief requested in the Complaint.
Keep copies of the documents you submit and any filed or returned copies you receive. Confirm whether the court requires originals or additional copies. Do not sign documents that must be executed before a notary until the required notarization can take place.
If your divorce involves minor children, additional documents and requirements apply beyond those discussed here.
A South Carolina divorce packet for cases without minor children
Our DIY Divorce Packet, No Children brings together the forms and instructions designed for an uncontested South Carolina divorce without minor children. It is built on the official South Carolina Judicial Branch forms and adds a plain-English step-by-step guide, a completed sample packet, an editable Property and Debt Settlement Agreement, and final hearing questions for you and your witness.
The packet includes documents for starting the case, documenting service, addressing applicable financial and settlement matters, and preparing for the final hearing.
Not every document in the packet is needed in every case. Court requirements can change, and using a packet does not guarantee that a filing will be accepted or a divorce granted.
Get the DIY Divorce Packet, No Children
Christopher J. Archer
Licensed South Carolina attorney (SC Bar #101662)
USC School of Law
Archer Swearingen Family Law, LLC
This post is general information about South Carolina family law, not legal advice. Every case is different. If you have questions about your specific situation, consider speaking with a South Carolina family law attorney.