South Carolina Divorce Without Children (2026)

Without children, South Carolina divorce is more straightforward. The key variables are completing the 1-year separation, reaching agreement on property and alimony, and attending the brief final hearing.


Overview

FactorRule
Pre-filing requirement1-year physical separation (no-fault) OR documented fault ground
Filing fee$150
Waiting period after filingNone
PropertyEquitable distribution of marital property (fault is a factor)
AlimonyDiscretionary — fault affects eligibility; adultery bars it
Formssccourts.org/selfhelp
Final hearingBrief hearing required (even uncontested)

What the Settlement Agreement Must Cover (No Children)

All Marital Real Property

  • Identify as marital (acquired during marriage) or non-marital (pre-marital, inherited)
  • For marital real estate: agreed value; equitable equity split (note any fault adjustment); who keeps or sale
  • Refinancing deadline and fallback
  • Quit Claim Deed → Register of Deeds after refinancing

Non-Marital Real Property

  • Confirm stays with original owner
  • Other spouse's waiver of claim

Marital Financial Accounts

  • Bank accounts opened or funded during marriage → marital → assign or split
  • Investment accounts → identify marital portion
  • Retirement accounts → QDRO for employer plans; IRA transfer for IRAs

Vehicles

  • Purchased during marriage → marital → assign; refinance
  • Pre-marital → non-marital → confirmed to original owner

Marital Debts

  • Each marital debt assigned to one spouse; indemnification clause

Alimony

The Settlement Agreement must address alimony — either:

  1. Award: Amount, payment frequency, duration, termination events (death, remarriage)
  2. Waiver: "Each party waives any claim for alimony, now and forever"

Do NOT leave alimony unaddressed. In South Carolina, alimony is generally not modifiable to add alimony if waived in the Settlement Agreement.

Adultery bar: If one spouse committed adultery, they cannot receive alimony. If this applies, the non-adulterous spouse should ensure this is documented if seeking to deny alimony to the other.


Financial Declaration (Required)

Both parties must complete and file a Financial Declaration with the Family Court — required even with no children and a complete agreement.


Timeline (No Children, No-Fault)

StageDuration
Separation period (before filing)12 months (mandatory)
Pre-filing preparationConcurrent with separation
File + service1–2 weeks
Answer period30 days
Final hearing2–8 weeks after answer period
Post-Decree steps2–6 weeks
Total from separation start~15–18 months

Last reviewed: March 2026 | 1-year separation before filing | $150 fee | Brief final hearing required | sccourts.org/selfhelp | Adultery bars alimony in SC

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

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