Minimum period or timing rule
The no-fault procedure requires at least 1 continuous year of separation without cohabitation. Service, response and hearing requirements must also be completed; timing for fault-based grounds differs.
Prepare for a divorce case in South Carolina.
This page organizes the recorded statewide starting rules and official sources for South Carolina. Court location, local forms, fees, service, deadlines and individual eligibility still require confirmation before filing.
Source record reviewed: 2026-10-29 · Page updated: 2026-11-03 · Not attorney-certified legal advice
STATE SNAPSHOT
Timing and financial issues need separate review.
Classification and division
Property and debt classification and division must be separately verified under local law.
Guidance and official links
Divorce Filing Path provides an intake roadmap and source links for this jurisdiction. Selected official PDF drafting is not currently offered for this state; do not purchase expecting state-form generation.
PREPARATION ROADMAP
Use this order before filing.
- 01
Confirm residence and filing eligibility
Generally, the plaintiff must have lived in the state for at least 1 year; if the plaintiff lives outside the state, the defendant must meet the 1-year requirement. If both spouses are state residents when the case is filed, 3 months is sufficient for the plaintiff. Record actual dates and do not combine two people’s residence periods unless the controlling rule expressly allows it.
- 02
Identify the correct court and county
Use the official statewide source to locate the trial court or clerk. Confirm venue, the family-law filing location, accepted filing method, current fee and required local packet.
- 03
Select the procedure that matches the facts
Check whether the state distinguishes regular, joint, simplified, summary, contested or uncontested procedures. Agreement alone does not prove eligibility for a shorter procedure.
- 04
Collect the facts requested by the forms
Prepare legal names, marriage and separation dates, residence history, children’s information, income, expenses, assets, debts, requested relief and existing orders.
- 05
Prepare opening documents without inventing events
Complete only facts you know. Leave clerk, court, signature, notarization, service and later-event fields for the correct person and stage.
- 06
File and complete valid notice
A draft or download is not a filed case. Follow the clerk’s instructions and record service or waiver only after the legally effective event occurs.
- 07
Address disclosure, children and unresolved issues
Use current financial, child-jurisdiction, parenting and support documents. Settlement terms should match the procedure and be reviewed before rights are waived.
- 08
Obtain and review the final judgment
A waiting or separation period does not itself end a marriage. Confirm entry and the effective date from the court’s signed or entered order.
RESIDENCE CHECK
Which spouse meets South Carolina’s 1-year residence rule, or the plaintiff’s 3-month rule when both spouses are state residents?
Ordinarily the plaintiff needs 1 year. A nonresident plaintiff may rely on a defendant who meets 1 year. When both are state residents at filing, the plaintiff needs 3 months. State residence and separation are different requirements.
This intake question helps organize facts; it does not decide domicile, jurisdiction or venue for an individual case.
IMPORTANT STATE NOTES
Questions to verify before relying on a packet
- The official Simple Divorce packet is for simple, uncontested cases based on 1 year of separation.
- If there is a dispute about children, custody, support or property, the scope of the simple packet requires separate evaluation.
- The separation period is a different requirement from the period of residence in the state.
OFFICIAL FORM STARTING POINTS
Forms and packets identified in the current review
Open the official page and read the current instructions. A listed document may be conditional or require local additions.
Complaint for Divorce / Summons for Divorce
Starting documents for a simple divorce filing.
Open official starting point ↗Financial Declaration
Financial disclosure; follow the instructions for the packet being used.
Open official starting point ↗Proposed Parenting Plan (SCCA466)
Proposed decision-making and parenting arrangements for children.
Open official starting point ↗Motion and Affidavit to Proceed In Forma Pauperis
Request for a fee waiver.
Open official starting point ↗PRIMARY SOURCES
Verify with the official source
Rules, forms, fees and local procedures can change. These links are the controlling starting points; the explanations on this site are preparation guidance, not a substitute for the current source.
- South Carolina Judicial Branch — Simple divorce packet ↗Official or recorded public starting source
- South Carolina Legislature — Title 20 chapter 3 ↗Official or recorded public starting source
- South Carolina Judicial Branch — Proposed Parenting Plan ↗Official or recorded public starting source