South Carolina Divorce Timeline — How Long Does It Take? (2026)

South Carolina is unique in that the longest part of the timeline happens before filing — the 1-year mandatory separation period. Once the separation year is complete and you file, an uncontested South Carolina divorce typically finalizes in 2–4 months.

Overview: Total Timeline

Stage-by-Stage: No-Fault Divorce (1-Year Separation)

Stage 0 — The Separation Year

Duration: 12 months (mandatory, cannot be shortened)

One spouse moves out. Both live in separate residences for 12 full continuous months. This is not the case — this is pre-case preparation. Nothing is filed with the court during this period.

Use this time to:

• Gather all financial documentation
• Negotiate settlement terms
• Draft the Settlement Agreement
• Confirm residency requirements are met

Stage 1 — Filing

Duration: 1 day (on or after Day 366 of separation)

File the Summons and Complaint for Divorce at the Family Court. Pay $150. Receive case number.

Stage 2 — Service of the Respondent

Duration: 1–3 weeks after filing

Serve the Respondent with the Summons and Complaint. For an agreed case, the Respondent typically signs an Acceptance of Service — fast and free. For non-cooperative cases, use sheriff service.

Stage 3 — Respondent's Answer Period

Duration: 30 days after service

Respondent has 30 days to file an Answer. In an agreed case, the Respondent either files a quick Answer consenting to the divorce or files nothing (default). An Answer is not required if the Respondent is cooperating with the settlement.

Stage 4 — Financial Declarations and Settlement Agreement

Duration: Concurrent with above (ideally completed before filing)

Both parties complete Financial Declarations. Finalize and execute the Settlement Agreement.

Stage 5 — Schedule and Attend Final Hearing

Duration: 2–8 weeks after the answer period

Family Court schedules a final hearing. Even uncontested divorces require a brief court appearance in South Carolina. The Plaintiff testifies to residency, the 1-year separation, and the agreement.

Judge reviews the Settlement Agreement and enters the Final Decree of Divorce.

Stage 6 — Post-Divorce Steps

Duration: 2–8 weeks depending on complexity

Deed recording at Register of Deeds, QDRO, vehicle transfers, name change, beneficiary updates.

Stage-by-Stage: Fault-Ground Divorce

Stage 1 — Filing: 1 day (no waiting period)

Stage 2 — Service and Answer: 3–6 weeks

Stage 3 — Temporary Hearings: 4–8 weeks after filing

Stage 4 — Discovery: 2–6 months

Stage 5 — Mediation (strongly encouraged): 1–3 months

Stage 6 — Trial: 12–24 months after filing

Stage 7 — Final Decree: Entered at conclusion

What Causes Delays After Filing

Key Insight: Use the Separation Year Productively

Since the 1-year separation is mandatory for no-fault, the smartest approach is to use that year to:

1. Gather all financial documentation
2. Negotiate the Settlement Agreement
3. Confirm residency is met
4. Have forms ready to file on Day 366

An organized petitioner can file and finalize a South Carolina divorce in under 3 months from the filing date — if everything was prepared during the separation year.

Last reviewed: March 2026 | 1-year separation before filing (no-fault) | ~2–4 months from filing to Decree (uncontested) | Brief final hearing always required | sccourts.org/selfhelp

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