How to File for Divorce in South Carolina Without a Lawyer (2026)

South Carolina has the most important pre-filing requirement of any state in the country: to get a no-fault divorce, you and your spouse must have physically lived apart for one full year before you can even file. This is not a waiting period after filing — it is a prerequisite to filing.

The 1-year separation rule: South Carolina law (S.C. Code § 20-3-10) requires one full year of continuous physical separation to file for no-fault divorce. "Separation" means living in separate residences. A brief reconciliation can restart the clock.

Fault grounds are the alternative: If you cannot wait a year, South Carolina recognizes fault grounds — adultery, physical cruelty, habitual drunkenness or drug use, and desertion for one year — that bypass the separation requirement. Fault significantly affects property and alimony outcomes.

Residency shortcut: If both spouses live in South Carolina, only 3 months of state residency is required to file. If only one spouse lives in SC, that spouse must have lived here for 1 year.

Disclaimer: General legal information, not legal advice. Consult a licensed South Carolina attorney for your specific situation.

South Carolina Divorce at a Glance

The 1-Year Separation — What It Means

The most common misconception about South Carolina divorce: people think they file and then wait a year. That's wrong.

The correct sequence:

1. You and your spouse stop living together — move to separate residences
2. Live apart continuously for 12 full months
3. On day 366+, you are eligible to file for no-fault divorce

What "separation" means in SC:

• Living at different addresses — one must move out
• No requirement to tell anyone officially or file anything
• Sexual relations during the separation may restart the clock — courts interpret continuous separation strictly
• Brief attempts at reconciliation (a night or two) may not restart the clock if reconciliation was genuinely not achieved, but the law is strict on this point — be cautious

What doesn't qualify as separation:

• Living in the same house in separate rooms or separate areas
• Both claiming you are "separated" while sharing the same dwelling

Residency Requirements

Divorce Grounds in South Carolina

No-Fault Ground

1-year continuous physical separation (S.C. Code § 20-3-10(5))

Most uncontested SC divorces use this ground. After 1 year of living apart, either spouse may file.

Fault Grounds (bypass the 1-year separation)

Why use fault grounds?

• Skip the 1-year separation requirement
• Adultery bars the adulterous spouse from receiving alimony entirely
• Fault can affect property division — courts may award more to the innocent spouse

Why avoid fault grounds?

• Must be proven — requires evidence
• More expensive, more contested, more damaging to any co-parenting relationship
• Courts require corroboration; the guilty spouse typically disputes the allegation

Step-by-Step: South Carolina Divorce (No-Fault, Agreed)

Step 1 — Complete the 1-Year Separation

Live in separate residences for 12 full continuous months. Begin this clock on the day one spouse moves out. Note the date.

Step 2 — Confirm Residency

Both in SC: 3-month residency for either spouse. Only one in SC: 1-year residency for the filing spouse. Both requirements can run concurrently with the separation year.

Step 3 — Negotiate a Settlement Agreement

Reach agreement on:

• Division of all marital property (real estate, accounts, retirement, vehicles, debts)
• Separate property confirmed to original owner
• Alimony — amount, duration, waiver
• If children: legal custody, physical custody, parenting time, child support

Step 4 — Prepare the Financial Declaration

Both parties complete a Financial Declaration (available at sccourts.org/selfhelp). Lists all income, expenses, assets, and liabilities. Required in all SC Family Court proceedings.

Step 5 — Complete the Required Forms

Download forms from sccourts.org/selfhelp — Family Court section:

• Summons and Complaint for Divorce
• Separation Agreement (drafted by parties)
• Financial Declaration (both parties)
• Verification (both parties sign, notarized)
• Affidavit of Residence and Separation (attests to the 1-year separation and residency)

Step 6 — File at Family Court

File at the Family Court clerk's office in the county where either spouse lives. Pay $150 filing fee. Receive case number.

Step 7 — Serve Your Spouse

The Complaint must be served on the Respondent. Options:

• Acceptance of Service (Respondent signs form — simplest for agreed cases)
• Sheriff service
• Certified mail (if permitted)

Step 8 — The Final Hearing

Even in an uncontested SC divorce, a brief hearing before a Family Court judge is typically required. The judge:

• Confirms residency
• Confirms the 1-year separation
• Reviews the Settlement Agreement
• Enters the Divorce Decree (Final Judgment of Divorce)

The Role of Fault in Property and Alimony

South Carolina is unique in that fault is a statutory factor in both equitable distribution and alimony:

Property division: Courts weigh 15 statutory factors, including marital misconduct. An adulterous spouse may receive less property.

Alimony: Adultery can completely bar a spouse from receiving alimony. If you committed adultery, you generally cannot receive alimony in South Carolina.

Free South Carolina Divorce Resources

• SC Courts self-help: sccourts.org/selfhelp
• SC Legal Aid: sclegal.org
• SC Bar Lawyer Referral: scbar.org
• Pro Bono Legal Services (SC): probono.net/sc

Last reviewed: March 2026 | 1-year physical separation required for no-fault | Residency: 3 months (both in SC) or 1 year (only one in SC) | Fault affects alimony and property | sccourts.org/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.