South Carolina Divorce When Your Spouse Won't Cooperate (2026)

South Carolina does not require your spouse's consent to divorce. After the 1-year separation (or with a fault ground), you can file alone and proceed through the Family Court even if your spouse refuses to participate.

One-Party Filing

File the Summons and Complaint for Divorce alone at the Family Court:

1. Complete the 1-year separation (or document fault ground)
2. File Summons and Complaint for Divorce
3. Serve the Respondent
4. Wait for the Answer period (30 days)
5. If no Answer — proceed to default
6. Schedule and attend final hearing

Service of Process

Certified mail or sheriff service: South Carolina allows service by certified mail, return receipt requested, in divorce actions. If the Respondent refuses or does not claim the mail, proceed to sheriff service.

Sheriff service: File the papers at the sheriff's office. Cost: $25–$50. Most reliable.

Private process server: Typically faster than sheriff in some counties.

Spouse cannot be located:

1. Conduct a diligent search (last known address, family contacts, online search, last known employer)
2. File an Affidavit of Diligent Search documenting all attempts
3. Request service by publication from the Family Court
4. Publication in a newspaper of general circulation for 3 consecutive weeks
5. Service deemed complete after the publication period

Temporary Orders

File a Motion for Temporary Orders at any time after filing if immediate relief is needed:

• Temporary use of the marital home — who stays while the case is pending
• Temporary alimony — monthly support during the case
• Temporary exclusive use of a vehicle — particularly if both spouses need separate transportation
• Temporary restraining order — prohibiting transfer or dissipation of marital assets

Temporary orders can be entered at a brief hearing — typically within weeks of filing.

Default Procedure

If the Respondent is properly served and fails to file an Answer within 30 days:

1. File an Affidavit of Default — confirms service was proper and no Answer was filed
2. Request a Default Hearing — brief hearing before the Family Court judge
3. Testify at the hearing:
   • Your identity and residency
   • Date you and your spouse separated and the duration
   • Grounds for divorce (1-year separation or fault)
   • Requested property division and alimony
4. Judge enters default Final Decree of Divorce based on your testimony and proposed terms

South Carolina requires a hearing even in default cases — the Plaintiff must appear and testify.

Fault Grounds in Non-Cooperative Cases

If your spouse is non-cooperative AND you have evidence of a fault ground (adultery, cruelty, habitual drunkenness/drug use, desertion), you may file on a fault ground rather than waiting for the 1-year separation.

Advantages of fault in a contested case:

• No need to wait out the 1-year separation
• Adultery bars the guilty spouse's alimony claim
• Fault can increase your share of marital property

Requirements:

• Evidence of fault must be presented at trial
• Corroboration is required (SC courts require more than one spouse's word)
• The guilty spouse will almost certainly contest — expect a longer, more expensive case

Last reviewed: March 2026 | 1-year separation still required for no-fault | Default hearing required | Fault grounds available to bypass separation year | sccourts.org/selfhelp

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