If you and your spouse agree on the terms of your divorce, filing an uncontested divorce in South Carolina is a straightforward process. But straightforward doesn't mean simple. There are specific requirements, documents, and steps that must be completed correctly for the court to grant your divorce.
Here's a step-by-step overview of what the process looks like.
An uncontested divorce means both spouses agree on everything: the divorce itself, property division, debts, and any issues involving children. If there's disagreement on any point, your case is contested, and the process is significantly different.
South Carolina's no-fault divorce ground also requires that you and your spouse have lived separately and apart for one continuous year before you can file. If you haven't met that requirement yet, you're not eligible to file for a no-fault divorce.
You may want to consider a separate maintenance action to establish legal terms during the separation period.
To file in South Carolina, at least one spouse must be a resident of the state. If both spouses live in South Carolina, you must have been a resident for at least three months. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one year.
You'll need to prepare several documents before filing. The exact forms can vary slightly by county, but a typical uncontested divorce filing includes:
Complaint for Divorce. This is the formal document that initiates your case. It identifies both parties, states the grounds for divorce (typically one year of continuous separation for no-fault), and outlines what you're asking the court to approve.
Marital Settlement Agreement. This is the document where you and your spouse lay out the terms you've agreed to — how property and debts are divided, whether either spouse will pay or receive alimony, and any other financial arrangements. If minor children are involved, custody, visitation, and child support terms may be included here or in a separate parenting plan.
Financial Declaration. South Carolina requires both spouses to disclose their financial information, including income, expenses, assets, and debts.
Summons. This document notifies your spouse that the divorce action has been filed and gives them a deadline to respond.
If minor children are involved, additional documents are typically required, including a parenting plan and child support guidelines worksheet.
Getting these documents right is critical. Errors, omissions, or improperly formatted documents can result in rejected filings and delays.
Once your documents are prepared, you file them with the clerk of court in the appropriate county. The filing fee is $150 in South Carolina.
Venue rules determine which county you file in. You typically file in the county where the defendant (your spouse) resides. If your spouse is a nonresident or can't be located, you can file in the county where you reside. You can also file in the county where you and your spouse last lived together, unless you're the one who has left the state.
After filing, the clerk assigns a case number and the process moves to service.
Even in an uncontested divorce where both spouses agree, South Carolina law requires that the defendant be formally served with the divorce complaint and summons. This ensures your spouse has legal notice of the action.
Service can be completed in a few ways:
Personal service. A process server or sheriff's deputy physically delivers the documents to your spouse. This is the most common method and costs approximately $25 to $100 depending on the county.
Acceptance of service. Your spouse can sign a document acknowledging that they've received the complaint and waiving formal service. This is the simplest and least expensive option when your spouse is cooperative.
Service by publication. If your spouse cannot be located after diligent effort, the court may allow you to serve them by publishing a notice in a local newspaper. This is a last resort and adds time and cost to the process.
Once service is completed, your spouse has 30 days to respond. In an uncontested case where your spouse is in agreement, they may file a response or simply not contest the action, allowing it to proceed.
After your spouse has been served and the response period has passed, upon request, the court will schedule a final hearing. The timeline varies by county — some courts move faster than others — but you can generally expect the hearing to be scheduled within 60 to 90 days of filing.
During this waiting period, make sure all required documents have been filed and are complete. If the court identifies any deficiencies, you'll need to correct them before the hearing can proceed.
The final hearing in an uncontested divorce is typically brief, often 15 to 20 minutes. If there is a settlement agreement for the court to approve, both spouses must appear and testify to the agreement.
At the hearing, the judge will ask you to confirm basic facts: your identity, your residency, the date of separation, and that you and your spouse have reached an agreement on all terms. The judge will review your settlement agreement to make sure it's fair and meets South Carolina's legal requirements.
If everything is in order, the judge signs the divorce decree and your divorce is final.
Even in a straightforward uncontested case, certain mistakes can push your timeline back:
Incomplete or incorrect paperwork. This is the most common problem. Missing information, wrong forms, or improperly formatted documents will get your filing rejected. You'll need to correct the issues and refile, which costs time and sometimes additional fees.
Improper service. If your spouse isn't served correctly according to South Carolina's rules, the court can't proceed. Make sure service is completed properly the first time.
Missing financial disclosures. Both parties must file financial declarations. If either one is missing or incomplete, the court may delay your hearing.
Unsigned agreements. Your settlement agreement must be signed by both spouses before the hearing. Showing up with an unsigned agreement means the judge can't approve it.
Not meeting residency requirements. If you file before you've met the residency requirement, your case will be dismissed and you'll need to refile.
You're not required to have an attorney for an uncontested divorce in South Carolina. Many people successfully file on their own, especially in simple cases with no children and minimal shared assets.
That said, there are good reasons to consider professional help:
Complexity. If your case involves minor children, retirement accounts, real estate, or any financial complexity, getting the paperwork right matters more, and the consequences of errors are more significant.
Peace of mind. Some people simply don't want to navigate court forms and procedures on their own. Hiring an attorney for a flat fee means the process is handled for you from start to finish, with no guesswork.
Cost of mistakes. A rejected filing is an inconvenience. But an error in your settlement agreement, especially around property division or support, can create problems that are expensive to fix after the divorce is final.
For many people, the question isn't whether they can file on their own, but whether the savings are worth the risk. A short consultation with a divorce attorney can help you make that decision with confidence.
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I'm Chris Archer, a South Carolina family law attorney focused on uncontested divorce. Whether you're planning to file on your own or considering flat-fee representation, I offer 30-minute strategy sessions to help you understand the process, avoid common mistakes, and identify the best path forward for your situation.
If you decide to retain me for flat-fee uncontested representation within 14 days of your consultation, your $200 session fee is credited toward your attorney fee.
