Overview: Filing for Divorce in South Carolina Without a Lawyer

South Carolina requires 1-year residency and 1-year separation for no-fault divorce. The state also offers fault-based grounds without separation requirement. DIY divorce requires patience for the separation period.

Can You File Without a Lawyer in South Carolina?

✓ Good Candidates for DIY Divorce:

  • Separated 1 year OR fault grounds
  • Both agree on divorce
  • Property settlement
  • No custody disputes
  • Both cooperate

⚠ Consider Hiring a Lawyer If:

  • Separation less than 1 year
  • Fault grounds contested
  • Property disputes
  • Custody contested
  • Complex assets

Step-by-Step: How to File for Divorce in South Carolina

Step 1

Meet 1-Year Residency

One spouse must have lived in SC for 1 year.

⏱ Estimated Time: N/A
💡 Tips:
  • SC driver's license
Step 2

Separate 1 Year

Must separate for 1 year for no-fault divorce.

⏱ Estimated Time: 1 year
💡 Tips:
  • Document separation date
Step 3

File Complaint

File with family court.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $150
Step 4

Serve Spouse

Serve via sheriff.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Keep proof
Step 5

Complete Disclosures

Exchange financial affidavits.

⏱ Estimated Time: 2-4 hours
💡 Tips:
  • Required
Step 6

Draft Settlement

Create settlement agreement.

⏱ Estimated Time: 4-6 hours
💡 Tips:
  • Address all property
Step 7

Attend Hearing

Final hearing required.

⏱ Estimated Time: 20-30 minutes
💡 Tips:
  • Bring separation witness
Step 8

Receive Decree

Court issues decree.

⏱ Estimated Time: Immediately
💡 Tips:
  • Get certified copies

Required Forms for South Carolina Divorce

Complaint for Divorce (Varies)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for South Carolina DIY Divorce

💰 DIY Divorce

$200-250
  • Filing fee: $150
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$3,000-15,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Filing before 1-year separation

2

Missing separation witness

3

Incomplete settlement

Frequently Asked Questions About South Carolina DIY Divorce

Can I file for divorce without a lawyer in South Carolina?

Yes, the actual divorce filing is simple after meeting the 1-year separation requirement.

Need Professional Help?

While DIY divorce can save money in South Carolina, consulting with an attorney can help you understand your rights and avoid costly mistakes.