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Guide to Uncontested Divorce in South Carolina

December 23, 2025

Uncontested / Simple Divorce in South Carolina: A Plain English Guide to Divorce Based on One Year Continuous Separation

If you live in South Carolina and your marriage is over, you might be hoping for a simple, lower cost way to get divorced without a long court fight. In South Carolina, the most common “simple” path is a divorce based on one year continuous separation, meaning you and your spouse have lived separate and apart for a full year and can present an agreement to the Family Court for approval.

This guide explains, in plain English, how a “simple” divorce works in South Carolina: who qualifies, the basic steps in Family Court, how children and property are handled, how long it usually takes, and where a DIY approach or a self help divorce kit can fit. We’ll also address the two biggest anxiety points for South Carolina filers: the 365 day separation rule and the required corroborating witness.

It’s written for ordinary people, not lawyers. It is legal information only, not legal advice, and it does not replace talking with a South Carolina family law attorney when you need personalized guidance.

Important disclaimer: PlainDivorce.com is not a law firm, does not provide legal advice, and does not act as your lawyer. Always double check current South Carolina court rules, forms, and fees before you file anything.

Table of Contents

uncontested divorce in South Carolina

1. What Is a “Simple” Divorce in South Carolina?

In South Carolina, there isn’t a special “uncontested divorce” statute. When people say “uncontested” or “simple” divorce, they usually mean a case that can be granted based on the no fault ground of divorce based on one year continuous separation, and where the spouses are not asking the judge to resolve disputes.

In practical terms, a “simple” South Carolina divorce usually means:

  • You and your spouse agree the marriage should end.
  • You can prove the legal ground: one year continuous separation without cohabitation.
  • You have a clear marital settlement agreement (or a clear understanding) covering property and debts and, if applicable, custody and support.
  • One spouse files a complaint for divorce, the other spouse cooperates, and the court can approve the case at a final hearing.

South Carolina also provides a court packet for many self represented litigants. Even with a packet, the big hurdles remain the same: meeting the separation rule, scheduling the hearing correctly, and presenting a corroborating witness at the final hearing.

2. Who Qualifies? Residency + One Year Continuous Separation

Residency requirements

Before you can file a complaint for divorce in South Carolina, you must meet the state’s residency rules:

  • If only one spouse lives in South Carolina, that spouse generally must have lived in the state for at least one year before filing.
  • If both spouses live in South Carolina, the filing spouse generally must have lived in the state for at least three months before filing.

If you are in the military or have a complicated living situation, confirm the correct residency rule for your facts with official sources or a local attorney.

Grounds for divorce (what most “simple” cases use)

South Carolina recognizes both fault and no fault grounds. Most DIY friendly cases use the no fault ground: divorce based on one year continuous separation.

That means you and your spouse have lived separate and apart for a full, continuous year without cohabitation. If you reconcile in a way that counts as cohabitation, it may restart the clock.

3. The 365 Day Reality: What “Separate and Apart” Really Means

This is the number one hurdle in South Carolina family law: separate and apart usually means living in different homes. It is not just sleeping in separate bedrooms. It is not roommates under the same roof. And it is not “we’re separated but still share a house to save money.”

Top practical takeaway: If you are still living in the same house, many people will not be eligible for a divorce based on one year continuous separation yet, even if you feel emotionally separated.

If you are unsure whether your living arrangement qualifies as “separate and apart,” that is a strong sign to get a short legal consult before filing.

4. Step by Step Overview (Complaint, Service, Scheduling, Hearing, Final Order)

Every case is different, but a typical South Carolina “simple divorce” based on one year continuous separation often follows this path.

Step 1 – Confirm eligibility (residency + 365 days separate and apart)

  • Residency: confirm you meet the 3 month or 1 year rule (depending on where each spouse lives).
  • Separation: confirm you have lived in different homes for a full year.
  • Agreement: confirm you are aligned on children, support, and property (or that issues are genuinely simple).

Step 2 – Reach a written agreement (marital settlement agreement)

Most smooth “uncontested” cases rely on a clear marital settlement agreement that addresses:

  • Property division (house, vehicles, bank accounts, retirement)
  • Debt division (credit cards, loans)
  • Spousal support (alimony), if any
  • Custody and parenting time and child support, if you have children

Step 3 – Prepare the required filing paperwork (including the cover sheet)

This is a common “hard stop” for DIY filers: South Carolina typically requires a Family Court Coversheet (SCCA 467) to open the case file. If the cover sheet is missing or incomplete, the Clerk may not be able to open your case.

In many simple cases, the filing spouse (plaintiff) also prepares the complaint for divorce, a summons, and the required financial disclosure forms (including the Financial Declaration (SCCA 430)).

Step 4 – File in Family Court

You file with the Family Court in the proper county and pay the filing fee (unless the court approves a fee waiver). The Clerk stamps your documents and assigns a case number.

Step 5 – Serve your spouse (or use acceptance of service)

Your spouse must receive official notice of the case. This is called service of process. Common options include a sheriff or private process server, or your spouse signing an acceptance of service. You cannot serve the papers yourself.

Step 6 – Trigger scheduling (do not assume the court will “just set a date”)

In many counties, you do not automatically get a final hearing date just because you filed the case. A frequent next step is filing a Request for Hearing (SCCA 400.08 SRL DIV) so the court can schedule the final hearing. After that, the Clerk typically mails a Notice of Hearing.

Important: County practices vary. Some counties may handle scheduling differently, and some may refer cases to ADR (mediation) unless an exemption applies. Always follow your county’s instructions.

Step 7 – Final hearing + Final Order of Divorce (and the vital records form)

South Carolina divorces require a final hearing. At that hearing, the judge will confirm residency, the one year continuous separation, and that your agreement is voluntary and fair. If approved, the judge signs a Final Order of Divorce, and the divorce becomes official when entered by the Clerk.

To prepare for the hearing, many filers must also complete the Report of Divorce or Annulment of Marriage (DHEC Form 0682), which is used to register the divorce with the state.

5. The Request for Hearing and “Order of Reference” Issue (How You Actually Get a Court Date)

Here is the practical scheduling reality in South Carolina: even in simple cases, you often have to take an extra step to get on the court’s calendar.

  • Common trigger form: Request for Hearing (SCCA 400.08 SRL DIV).
  • What happens next: the Clerk typically sends a Notice of Hearing, and you may have to mail that notice to your spouse and file proof that you did so.

Some counties use different internal procedures (including referrals to a special referee or ADR). The key takeaway is simple: do not assume you will get a hearing date automatically. Confirm your county’s process and required forms before you file your scheduling request.

What about mediation and ADR?

Some counties require ADR (often mediation) in Family Court cases. In many simple divorce situations, you may be able to request an exemption using a Certificate of Exemption from ADR (SCRFCMFORM02). Whether ADR is required, and whether an exemption is accepted, can depend on local practice and the details of your case.

6. The Corroborating Witness Requirement (Who Can Be Your Witness?)

Red alert: In South Carolina, you typically need a corroborating witness at the final hearing. This witness helps confirm key facts, especially that you and your spouse have lived separate and apart for at least one year.

What a corroborating witness usually does:

  • Testifies that they know you (or both of you),
  • Confirms you have lived in separate households for the required time,
  • Confirms there was no cohabitation during the separation period (as best they know).

Practical tip: Choose someone reliable who genuinely knows your living situation (friend, neighbor, coworker, relative). Ask a backup witness too, in case someone gets sick or cannot make it on the hearing date.

7. The Financial Declaration (Mandatory Even in Simple Cases)

South Carolina uses a Financial Declaration (SCCA 430) as a core disclosure document in Family Court cases. Even in cooperative divorces, the court often expects financial transparency, especially if there are children, support requests, or meaningful assets and debts.

Why this matters: Incomplete or inconsistent financial disclosures are a common reason hearings get delayed or judges ask for corrections.

Common items you may need to gather: pay stubs, tax returns, proof of health insurance costs, childcare costs, account statements, and debt statements.

8. Special Issues When You Have Children

Having children does not prevent a divorce based on one year continuous separation, but it adds required details. The judge must ensure custody and support arrangements serve the child’s best interests.

Custody and parenting time

  • Where the children live most of the time (physical custody)
  • How major decisions are made (legal custody)
  • A realistic schedule for weekdays and weekends, holidays, and vacations
  • How parents will communicate and resolve disputes

Child support

South Carolina generally uses guideline based child support calculations. If your agreement is far outside the guideline range, expect the judge to ask questions or require changes before signing the final order.

9. How Long Does a Simple Divorce Take in South Carolina?

For most people, the timeline is dominated by the one year continuous separation requirement. After that, the court process adds additional time for filing, service, and scheduling.

  • Before you can file: you must complete 365 days living separate and apart in different households.
  • After filing: you typically wait for service, paperwork review, and a final hearing date.
  • After the hearing: the divorce becomes final once the judge signs and the Clerk enters the Final Order of Divorce.

In many real world cases, people experience a total timeline of roughly 15 to 18 months from the date they move into separate homes to receiving the Final Order, mainly because the one year separation period must come first.

10. What Does a Simple Divorce Cost in South Carolina?

One reason people choose a divorce based on one year continuous separation is cost. Major cost categories typically include:

  • Court filing fee: generally $150.00 to file a divorce action (confirm current fees before filing).
  • Service of process: sheriff or private process server fees if your spouse does not sign acceptance of service.
  • Possible motion fees: some motions can carry an additional filing fee (commonly $25.00), although many simple cases try to avoid extra motions.
  • Notary and copies: often relevant for affidavits and financial disclosure.
  • Optional help: mediation, or limited scope attorney review of your agreement and forms.

If you cannot afford filing fees, ask the Clerk about the process for requesting a fee waiver.

11. When a DIY Divorce Might Not Be Right for You

DIY can save money, but it is not right for everyone. Consider legal advice if any of these apply:

  • Domestic violence, intimidation, stalking, or fear
  • Hidden or complex finances (business, major retirement, unusual debt)
  • Major disagreements about children (custody, relocation, safety)
  • Serious immigration, disability, or tax concerns
  • Pressure to sign an unfair marital settlement agreement

12. Where a Self Help Divorce Kit Fits Into the Process

South Carolina provides self help resources, but many people still feel overwhelmed by the steps, the Financial Declaration, the scheduling process, and preparing for the final hearing with a corroborating witness.

A private self help kit is not legal advice and does not replace official forms. Instead, it can help you:

  • Understand the process from start to finish (including the 365 day requirement).
  • Stay organized with checklists, deadlines, and the scheduling step so you do not stall after service.
  • Prepare for the final hearing and witness expectations.
  • Reduce common mistakes that cause delays or rejected filings.

Download Our South Carolina Uncontested Divorce Self Help Kit

13. Final Thoughts and Next Steps

If you are pursuing a “simple divorce” in South Carolina, focus on the make or break requirements:

  • 365 days separate and apart in different households (not just different rooms),
  • A reliable corroborating witness who can testify to your separation, and
  • The correct scheduling step (often filing a Request for Hearing) so your case actually gets a final hearing date.

From there, the process is about clean paperwork: file the complaint for divorce with the Family Court Coversheet (SCCA 467), complete financial disclosure, handle service correctly, and bring the required witness and vital records form to the hearing. If anything about your safety, finances, or children feels complicated, getting South Carolina specific legal guidance early can save months of frustration later.

PlainDivorce.com is not a law firm and does not provide legal advice. This guide is for educational purposes only. Court rules, forms, and fees can change, so always verify with official South Carolina sources before filing.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.