Learn How To Get a Divorce in SC Without Breaking a Sweat
If you want to get a divorce in South Carolina, you must first familiarize yourself with the state laws. Making a mistake while filling out forms means that you’ll have to start all over again. The whole ordeal might seem confusing at first, but don’t worry—DoNotPay is here to clear out any confusion!
Our article will show you everything you need to do to get a divorce in SC and list all the necessary forms. Sign up for DoNotPay, and we’ll draft a divorce settlement agreement for you with ease and show you how to file your South Carolina divorce papers!
Divorce in South Carolina is started when one spouse (the plaintiff), or their attorney, files a Summons and Complaint. The document needs to state:
- Which grounds the plaintiff wishes to be divorced on
- How the marital assets and debts will be divided
- Whether there are minor children from the marriage
- What the child custody, visitation, and support arrangements are
Before filing for a divorce in South Carolina, you should familiarize yourself with the residency requirements.
South Carolina recognizes no-fault and fault-based grounds for divorce. To file for a no-fault divorce in South Carolina, the couple has to have intentionally lived separately for over one year without cohabitation.
It’s possible to file an uncontested divorce—also called friendly divorce—in SC, but you must:
- File for a no-fault divorce
- Live in South Carolina for over one year
- Have no:
- Marital property
- Marital debt
- Agree on the terms of child custody, visitation, and support if you have children with your spouse
Filing uncontested divorce papers in South Carolina will require you to:
- Find the forms you need on the official South Carolina Judicial Department website
- Fill the documents with the clerk of court or family court division
- Include the following forms with your paperwork:
- Family Court Cover Sheet
- Certificate of Exemption
- Summons for Device
- Complaint for Divorce
- Financial Declaration Form
- Acceptance of Service
- Request for Hearing
- Final Order of Divorce
- Divorce Settlement Agreement
Once you complete all the forms, make at least two copies of everything. One will go to the court and your spouse, and the other one is for you to keep. You must also pay the filing fees to the clerk of the court. In case you don’t have the resources to pay the fees, you can file a Motion and Affidavit to Proceed In Forma Pauperis.
In South Carolina, anyone who is neutral to the case and is over 18 years old can personally serve the divorce papers to your spouse. You can also hire a sheriff or a process server to do it for you for a fee.
If you’re on good terms with your spouse, they can accept the service of the papers if they complete the Acceptance of Service form. This works as proof that your spouse has received the papers.
The cost of a divorce in South Carolina averages around $10,000, but it depends on multiple factors, such as:
- Whether you’ve hired an attorney
- What the fees of the court clerk are
- Whether you and your spouse need a temporary hearing
- How much the process gets drawn out
Getting an uncontested divorce lowers the costs of the process as you won’t need a divorce lawyer if you agree on everything.
Divorces in South Carolina can take anywhere from 90 days to over a year to complete. The factors that impact the length of your divorce are:
- The preparation and procedure
- The family court’s docket
- The time needed for your lawyer (if any) to handle the divorce
If you don’t want to waste big bucks on expensive lawyer fees for a divorce settlement agreement, use DoNotPay! By using the info you give us, we can generate a tailor-made agreement for you in no time. You will only need to follow a few easy steps:
- Sign up for DoNotPay
- Select the Divorce Settlement Agreement product
- Answer our chatbot’s simple questions
- Choose online notarization (optional)
Once you submit the info, we’ll generate a divorce settlement agreement for you in the blink of an eye! You can then have it notarized by an online notary via an audio-video call if you choose that option.
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