Filing for Uncontested Divorce Online in South Carolina :A Practical Guide from a Family-Law Perspective

If you’re thinking about an uncontested divorce in South Carolina, the first thing to understand is this: the one-year separation rule is non‑negotiable.
South Carolina has one of the longest no‑fault waiting periods in the country. By law (S.C. Code Ann. § 20‑3‑10(5)), you and your spouse must live in separate residences—not just separate bedrooms—for 365 continuous days before you can file for a no‑fault divorce. Any overnight reconciliation or “trying again” during that year restarts the clock.
You can’t get around that rule. What you can do is ensure that, once the year is up, your paperwork and process are clean, accurate, and efficient so the divorce moves through the system as smoothly as possible.
A quick reality check on “online divorce” in South Carolina:
  • The Family Court has exclusive jurisdiction over divorces.
  • South Carolina does have e‑filing, but only licensed attorneys can use it.
  • If you’re representing yourself (pro se), you still have to file your documents in person or by mail with the Clerk of Court in the appropriate county.
This guide walks through the law and the practical steps for an uncontested divorce in South Carolina so you know what to expect and how to avoid common mistakes.

Basic Eligibility: Residency and Separation

Residency requirements

South Carolina has a tiered residency system (S.C. Code Ann. § 20‑3‑30):
  • If both spouses live in South Carolina
    The filing spouse needs to have lived in South Carolina for at least 3 months before filing.
  • If only one spouse lives in South Carolina
    That spouse must have lived here for at least 1 full year before filing.
  • Active-duty military
    Active-duty service members stationed in South Carolina are considered residents for divorce purposes, even if they don’t intend to stay here permanently.

The one‑year separation requirement

For a no‑fault divorce, you have to meet the separation ground in § 20‑3‑10(5):
You and your spouse must have “lived separate and apart without cohabitation for a period of one year.”
Some important details:
  • Separate bedrooms are not enough.
    The South Carolina Supreme Court in Barnes v. Barnes, 380 S.E.2d 538 (S.C. 1989), made it clear: you must live in separate homes.
  • No overnight cohabitation.
    If you spend the night together or reconcile during the year, the separation period restarts.
  • You’ll need a witness.
    At the final hearing, the court will expect at least one witness (not you or your spouse) to testify that you lived separate and apart for a continuous year.

What “uncontested” really means

A case is truly uncontested only if both of you agree on everything, including:
  • Division of property and debts
  • Whether there will be alimony, and if so, how much and for how long
  • If you have minor children:
    • Legal and physical custody
    • Visitation/parenting schedule
    • Child support
Procedurally, the defendant either:
  • Files an Answer admitting the allegations, or
  • Doesn’t respond within 30 days of being served, which allows the plaintiff to proceed by default.

Grounds for Divorce in South Carolina

South Carolina recognizes five grounds for divorce (S.C. Code Ann. § 20‑3‑10):

No‑fault ground

  1. One-year continuous separation (§ 20‑3‑10(5))
This is the only no‑fault ground and is almost always the preferred ground for uncontested cases, because no one has to prove bad conduct.

Fault-based grounds

  1. Adultery (§ 20‑3‑10(1))
  2. Desertion for one year (§ 20‑3‑10(2))
  3. Physical cruelty (§ 20‑3‑10(3))
  4. Habitual drunkenness or drug use (§ 20‑3‑10(4))
These grounds usually mean contested litigation, because you must present evidence of the misconduct.
A few key points:
  • Physical cruelty requires “actual personal violence” or a pattern of physical treatment that endangers life, limb, or health (Brown v. Brown, 215 S.C. 502 (1949)). Mental or verbal abuse, by itself, is not a ground for divorce in South Carolina.
  • For fault grounds, there is a 90‑day minimum waiting period from filing to final hearing (S.C. Code Ann. § 20‑3‑80).
  • For one‑year separation cases, the hearing can be held as soon as 30 days after filing.

Special consequence of adultery

Here’s the hard truth under South Carolina law (S.C. Code Ann. § 20‑3‑130(A)):
If a spouse commits adultery before a written settlement agreement is signed or before the court issues a final order, that spouse is permanently barred from receiving alimony.
It doesn’t matter how friendly or “uncontested” the divorce is otherwise—if adultery happens within that time frame and can be proven, the court is not allowed to award alimony to the spouse who cheated.

Required Forms: The SCCA Self-Represented Litigant System

The South Carolina Court Administration provides standardized Self‑Represented Litigant (SRL) packets. For an uncontested, no‑fault divorce, the plaintiff typically needs to file these core documents at the start:
  1. Family Court Cover Sheet (SCCA 467)
    Basic information about the parties and the case.
  2. Certificate of Exemption from Mediation (SCRFCFORM02)
    Confirms mediation isn’t required (often used where all issues are already resolved).
  3. Summons for Divorce (SCCA 400.01 SRL‑DIV)
    Official notice to the defendant that a divorce action has been filed.
  4. Complaint for Divorce (SCCA 400.02 SRL‑DIV)
    States the ground for divorce (usually one-year separation) and what you’re asking the court to order.
  5. Financial Declaration (SCCA 430)
    Detailed disclosure of your income, expenses, assets, and debts. This must be completed honestly and notarized.
As the case moves forward, more forms are used:
  • Affidavit of Default (SCCA 400.08 SRL‑DIV) – if the defendant doesn’t respond within the deadline.
  • Request for Hearing (SCCA 400.07 SRL‑DIV) – to ask the court to schedule the final hearing.
  • Final Order of Divorce (SCCA 400.10 SRL‑DIV) – the proposed final decree for the judge to sign.
  • Report of Divorce (VS‑108) – filed for vital records with the Department of Health and Environmental Control.
If you have minor children, you’ll also need a:
  • Parenting Plan (SCCA 466)
    This lays out custody, visitation, holidays, transportation, and decision‑making authority, consistent with S.C. Code Ann. § 63‑15‑220.

Step‑by‑Step: From Filing to Final Divorce Decree

Step 1: Confirm you’re eligible

Before you spend time on forms:
  • Make sure you’ve had one full year of continuous physical separation (separate homes, no overnight cohabitation).
  • Confirm you meet the residency requirements.
Where to file (S.C. Code Ann. § 20‑3‑60):
  • Generally, in the county where the defendant lives.
  • If the defendant is a non‑resident or cannot be located, you may file in the plaintiff’s county.
  • In some cases, you can file where you last lived together as spouses.

Step 2: File your documents and pay the fee

File your initial packet with the Family Court Clerk of the Court in the proper county.
  • Filing fee: $150 under S.C. Code Ann. § 8‑21‑310.
  • Most clerks accept cash, money orders, or certified funds. Personal checks are usually not accepted.
If you cannot afford the filing fee, you may file:
  • Motion to Proceed In Forma Pauperis (SCCA 405F)
    Supported by an affidavit of indigency. If granted, the court may waive the filing fee.

Step 3: Properly serve the defendant (Rule 4, SCRCP)

You must show the court that the defendant was properly served. The main options:

  1. Certified mail
    • Return receipt requested
    • Restricted delivery (so only the defendant can sign)
  2. Personal service
    • A sheriff, deputy, or private process server over age 18 personally hands the papers to the defendant.
  3. Acceptance of service
    • The defendant signs a written acceptance of service acknowledging receipt of the documents.

If, after diligent effort, the defendant truly cannot be located, you may ask to serve by publication under S.C. Code Ann. § 15‑9‑710, usually by publishing notice in a designated newspaper for three consecutive weeks.

Step 4: Wait for the defendant’s response

The defendant has:

  • 30 days to respond if served in South Carolina, or
  • 35 days if served out of state.

In an uncontested case, the defendant typically files an Answer admitting the allegations and confirming agreement with the proposed terms. If they don’t answer at all, you may proceed by default, using the Affidavit of Default.

Step 5: Request a final hearing

Once the Answer is filed (or the response deadline passes), file:

  • Request for Hearing (SCCA 400.07 SRL‑DIV)
  • Pay the $25 motion fee (unless you’ve been granted a fee waiver).

You must mail notice of the hearing to the defendant by certified mail at least 10 days before the hearing date.

Step 6: Attend the final hearing

Plan to bring:

  • Yourself
  • At least one witness who can testify under oath that:
    • You and your spouse lived separate and apart for one continuous year; and
    • The marriage is irretrievably broken.

The hearing is usually short—about 15–30 minutes. The judge will review:

  • Your testimony and your witness’s testimony
  • The proposed settlement agreement
  • The parenting plan and child support information (if children are involved)

If everything is in order, the judge signs the Final Order of Divorce, and your divorce becomes final when that order is filed with the clerk.

There is no waiting period for remarriage in South Carolina after your divorce is final.

Property Division: Equitable Distribution, Not 50/50 by Default

South Carolina is an equitable distribution state (S.C. Code Ann. § 20‑3‑620), which means the court divides marital property fairly, not automatically equally.

What counts as marital property?

Under S.C. Code Ann. § 20‑3‑630(A), marital property generally includes:

  • Real estate and personal property acquired during the marriage
  • Regardless of whose name is on the title

This typically covers:

  • Houses and land
  • Vehicles
  • Bank accounts and investment accounts
  • Retirement accounts, pensions, and 401(k)s
  • Business interests
  • Gifts between spouses

What is non‑marital property?

Non‑marital property usually stays with the spouse who owns it. It includes:

  • Assets owned before marriage
  • Inheritances and gifts received from third parties
  • Property excluded by a written agreement (such as a prenuptial agreement)
  • Certain personal injury awards

Transmutation: when separate property becomes marital

Even non‑marital property can become marital through transmutation. This can happen when:

  • Non‑marital property is commingled with marital funds so thoroughly that it’s no longer traceable.
  • Non‑marital property is retitled jointly.
  • The property is consistently used to support the marriage, indicating an intent to treat it as marital.

In Wilburn v. Wilburn, 403 S.C. 372 (2013), the South Carolina Supreme Court emphasized that transmutation requires objective evidence of the owner’s intent to convert separate property into marital property.

Finality of property division

Property division orders are final and non‑modifiable under S.C. Code Ann. § 20‑3‑620(C), except through a timely appeal. You generally cannot go back later and change how property was divided, which is why careful valuation and drafting of your settlement agreement are critical.

Alimony (Spousal Support) and the Adultery Bar

South Carolina recognizes several different types of alimony under S.C. Code Ann. § 20‑3‑130(B):

  1. Periodic alimony
    • Ongoing monthly payments
    • Usually terminates upon the recipient’s remarriage, cohabitation for 90+ consecutive days, or the death of either party.
  2. Rehabilitative alimony
    • Short‑term support to allow a spouse to get the education, training, or work experience needed to become self‑supporting.
    • Often, the most common form is in modern practice.
  3. Reimbursement alimony
    • Designed to “repay” a spouse who made sacrifices or contributions (financial or otherwise) to support the other spouse’s education or career.
  4. Lump sum alimony
    • A fixed total amount, paid in one or several installments.
    • Generally non‑modifiable and not terminated by remarriage or cohabitation, unless the agreement says otherwise.
  5. Separate maintenance and support
    • Used when spouses are living separately but are not yet divorcing.
    • Addresses support and sometimes temporary custody and property issues.

When deciding whether to award alimony and in what amount, the court considers 13 statutory factors, including:

  • Length of the marriage
  • Ages and physical/emotional health of each spouse
  • Educational level and earning capacity
  • Employment history and prospects
  • Standard of living during the marriage
  • Marital and non‑marital property, each spouse will receive
  • Marital misconduct (including adultery where relevant)

Alimony can usually be modified later if there is a substantial change in circumstances (S.C. Code Ann. § 20‑3‑170), unless the parties have clearly agreed in writing that the alimony is non‑modifiable.

The adultery rule

Again, it’s critical to remember:
If a spouse commits adultery before signing a written settlement agreement or before the court enters a final order, that spouse is permanently barred from receiving alimony in South Carolina.

 

Child Support: Income Shares Model

South Carolina uses the Income Shares Model, implemented in S.C. Code Regs. 114‑4710 through 114‑4750. The idea is to approximate what parents would have spent on their children if they remained in one household, then split that obligation between them based on income.

How income is calculated

“Gross income” (Regulation 114‑4720) includes:

  • Wages and salaries
  • Bonuses, commissions, and overtime
  • Self‑employment income
  • Pensions and retirement income
  • Dividends, interest, and rental income
  • Alimony received
  • Even certain unreported cash income, if it’s identifiable

The court can impute income if a parent is voluntarily unemployed or underemployed, treating them as if they earned what they reasonably could have earned.

Different worksheets for different custody arrangements

There are three standard worksheets:

  • Worksheet A – One parent has primary physical custody, and the other has standard visitation.
  • Worksheet B – Split custody (each parent has primary custody of at least one child).
  • Worksheet C – Shared parenting, where each parent has the child(ren) for more than 109 overnights (30%) per year.

The guideline amount is presumptively correct, but the court can deviate if it makes specific written findings explaining why deviation is appropriate.

When child support ends

Child support generally continues until:

  • The child turns 18, or
  • The child graduates from high school (but not beyond age 19), or

As otherwise ordered in cases involving children with disabilities or by agreement.

Custody: Best Interests of the Child

South Carolina has abolished the old “Tender Years Doctrine.” There is no automatic preference for mothers or fathers (S.C. Code Ann. § 63‑15‑10).

Courts decide custody based solely on the best interests of the child, applying the factors in S.C. Code Ann. § 63‑15‑240(B). Some of the main considerations:

  • Each parent’s capacity and disposition to meet the child’s needs
  • The child’s preference, if old enough and mature enough to express one
  • Stability of each parent’s home environment
  • The child’s adjustment to home, school, and community
  • The parents’ ability to communicate and cooperate
  • Any history of domestic violence, abuse, or neglect
  • Each parent’s willingness to support the child’s relationship with the other parent

In custody cases where the parents don’t agree, the court requires both parents to submit a Parenting Plan (S.C. Code Ann. § 63‑15‑220). That plan should spell out:

  • When the child is with each parent (the regular weekly schedule)
  • How holidays, school breaks, and vacations are divided
  • Who handles pick‑ups, drop‑offs, and other transportation details
  • Which parent makes major decisions about school, medical care, activities, and religious upbringing

Even if your case is uncontested and you get along reasonably well, it’s still important to put a clear, detailed parenting plan in writing. A thoughtful plan now can prevent misunderstandings and conflict later.

Timeline and Recent Developments

Putting it all together, a typical uncontested no‑fault divorce in South Carolina looks like this:

  • 12 months – Mandatory physical separation in different households
  • About 3 months – From filing to final decree (depending on county caseload and how quickly service and scheduling occur)

From a practical standpoint, most people are looking at about 15 to 18 months from the day they move into separate homes until the day the judge signs the final divorce order, as long as the case stays truly uncontested.

The legislature has tried to expedite cases. In 2025, the General Assembly added more Family Court judges statewide (2025 Act No. 7), aimed at reducing crowded dockets and delays. Lawmakers are also debating a few possible changes, such as:

  • Letting parties prove the one‑year separation by affidavit in uncontested cases (which could eventually eliminate the need to bring a live witness to the final hearing), and
  • Various alimony reform proposals.

As of November 2025, those reform ideas are still just that—ideas. They haven’t become law yet, so the current rules and procedures remain in effect.

Final Thoughts

Uncontested divorce in South Carolina is much more manageable when you know the rules and follow them carefully:

  • Honor the one‑year physical separation requirement.
  • Use the correct SCCA forms and complete them accurately.
  • Ensure service of process is properly served under Rule 4 of the SCRCP.
  • Be extremely careful and thorough with property division, because once the court signs off, it’s generally final.
  • If you have children, expect close scrutiny of custody, visitation, and child support arrangements.

South Carolina’s $150 filing fee is relatively modest compared to some other states, and fee waivers are available for qualifying individuals. But the real cost of mistakes can show up later—in property disputes, alimony issues, or child‑related conflicts that could have been prevented with a well‑drafted agreement.

Even if you and your spouse are on good terms and fully agree on everything, it’s wise to at least consult with a family law attorney before you file or sign a final settlement. A short review now can prevent very expensive problems down the road.

Important note: This guide is for general information only and doesn’t create an attorney‑client relationship or substitute for legal advice about your particular situation. For advice tailored to your circumstances, speak directly with a South Carolina family law attorney.