The first step in getting a divorce in South Carolina is filing a Complaint for Divorce in the appropriate Family Court. Here’s how to begin the process:
Step 1: Meet Residency Requirements
If both spouses live in SC, at least one must have lived there for at least three months before filing.
If only one spouse lives in SC, that spouse must have lived there for at least one year before filing.
Step 2: Determine Grounds for Divorce
South Carolina allows fault-based and no-fault divorces. The acceptable grounds are:
No-fault – Living separately for one year without cohabitation.
Fault-based – Adultery, physical cruelty, habitual drunkenness/drug use, or desertion for one year.
Step 3: File the Divorce Complaint
Complete and file a Complaint for Divorce with the Family Court Clerk in the county where either spouse resides.
Pay the required filing fee (varies by county).
Step 4: Serve the Other Spouse
The filed documents must be legally served to the other spouse using a sheriff, process server, or certified mail.
Step 5: Wait for a Response
The other spouse has 30 days to respond.
If they do not respond, you may request a default judgment.
