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South Carolina Divorce Forms Checklist: What You Need to File

South Carolina Divorce Forms: Overview

Filing for divorce in South Carolina requires completing specific court-approved forms, meeting the state's residency requirements, and paying the applicable filing fees. South Carolina is a equitable distribution state, meaning the court divides marital assets in a manner it deems fair and reasonable, which may not be a 50/50 split. The state recognizes no-fault and fault grounds for divorce. South Carolina also requires a separation period of 1 year (no-fault) before a no-fault divorce can be granted, which affects your timeline.

Whether your divorce involves children or not — and whether it's contested or uncontested — the exact paperwork you'll need varies significantly. This checklist walks you through every form, affidavit, and supporting document required to file for divorce in South Carolina, organized by situation type, so you can approach the process with confidence and avoid costly delays or rejected filings.

South Carolina uses Family Court forms for divorce filings, published by the South Carolina Judicial Branch. These forms are available as downloadable PDFs that can be completed electronically or printed and filled out by hand. Depending on your county, additional local forms or supplemental documents may be required beyond the state-level paperwork. Before you begin filling anything out, check with your local clerk of court for any county-specific requirements or supplemental checklists.

How South Carolina Divorce Forms Work

South Carolina's divorce forms are published and maintained by the South Carolina Judicial Branch. The state uses Family Court forms, which provide a standardized framework accepted by courts statewide. These forms are designed to be completed by self-represented litigants as well as attorneys, and most are available as interactive PDFs that you can fill in on your computer, save, and print.

Each form serves a specific purpose in the divorce process. The primary complaint — your Complaint for Divorce — initiates the case. Financial disclosure affidavits document your income, expenses, assets, and debts. If children are involved, additional forms address custody, parenting time, child support calculations, and health insurance coverage. A proposed decree or judgment entry outlines the terms you're asking the court to approve.

It's important to understand that while South Carolina's Family Court forms are accepted across the state, many counties supplement them with their own local forms, cover sheets, or procedural requirements. Some counties require all documents to be reviewed by a compliance office before they can be filed with the clerk. Others have adopted e-filing systems that require specific formatting. Always check with the domestic relations court in the county where you plan to file for a complete list of local requirements before submitting any paperwork.

RETAINER FEE


PETITION





COURT FILING FEE

SUMMONS


AFFIDAVIT


MOTIONS


ARGUMENTS


TEMPORARY ORDERS

HEARINGS


SUBPOENAS


DEPOSITIONS


SETTLEMENT

CONFERENCES

JUDGEMENT





TRIAL


APPEALS

Residency Requirements

Before you fill out a single form, make sure you meet South Carolina's jurisdictional requirements. Under S.C. Code § 20-3-30, at least one spouse must have been a resident of South Carolina for 12 months (one spouse) or 3 months (both in state) prior to filing. These requirements are strictly enforced — if you don't meet them at the time of filing, the court can dismiss your case entirely for lack of subject matter jurisdiction, and your filing fee is typically non-refundable.

Residency means more than just having a mailing address in the state. You must have established South Carolina as your actual home — the place where you live and intend to remain. Some courts may ask for proof of residency at your final hearing, such as a driver's license, voter registration, utility bills, or a lease agreement.

Military servicemembers stationed in South Carolina may also qualify to file under the Servicemembers Civil Relief Act, even if South Carolina is not their home of record. If you and your spouse live in different states, you can generally file in whichever state's residency requirements you meet, though the state where your children have lived for the past six months will typically have jurisdiction over custody matters under the UCCJEA.

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Core Forms for Divorce Without Children

If you and your spouse have no minor or dependent children, your required forms package is more straightforward — but it still involves multiple documents that must be completed accurately and filed together. Here is what you'll need:

Complaint for Divorce — This is the primary document that initiates your divorce case. It identifies both spouses by full legal name, states your grounds for divorce, and outlines what you're asking the court to decide regarding property division, debt allocation, and spousal support. In South Carolina, this document is commonly referred to as the "complaint." You will sign this document under oath or penalty of perjury, affirming that the statements it contains are true.

Summons or Request for Service — After filing your complaint, your spouse must be formally notified of the proceedings. This form instructs the clerk of court on how to serve the other party. Options typically include certified mail, personal service through a sheriff or private process server, or — when your spouse cannot be located — service by publication in a local newspaper. Proper service is a constitutional requirement; without it, the court cannot proceed.

Financial Disclosure Affidavit or Statement — South Carolina requires both spouses to make full financial disclosure in every divorce. This sworn document covers your income (including wages, bonuses, commissions, self-employment income, and investment returns), your monthly expenses, and a detailed accounting of all debts. Courts rely on this information to determine property division and whether spousal support is appropriate. Providing incomplete or inaccurate financial information can result in sanctions or an unfavorable division of assets.

Property and Debt Disclosure / Affidavit — Separate from (or sometimes combined with) the income disclosure, this form requires you to list and value all marital property, separate property, financial accounts (checking, savings, CDs, money market), retirement assets (401(k), IRA, pension), vehicles, real estate, and all debts — both secured (mortgages, car loans) and unsecured (credit cards, personal loans, medical bills). South Carolina law mandates full asset disclosure, and failure to comply can result in the court awarding the other spouse a larger share.

Marital Settlement Agreement or Separation Agreement — If you and your spouse have agreed on all terms, this document spells out exactly how you'll divide property, allocate debts, and handle spousal support. When both parties sign a settlement agreement, it becomes part of the final decree and is enforceable as a court order.

Final Decree or Judgment Entry of Divorce — This is the proposed order that the judge will sign to finalize your divorce. Some South Carolina courts require you to submit a proposed decree at the time of filing; others require it before your final hearing. It should mirror the terms of your settlement agreement or, in a contested case, reflect the court's rulings on each disputed issue.

Core Forms for Divorce With Children

When minor or dependent children are involved, South Carolina's paperwork requirements expand significantly to address custody, parenting time, child support, and health insurance. You will need all of the forms listed above for a childless divorce, plus several additional documents:

Complaint for Divorce (With Children) — This version of the complaint includes additional sections identifying each child of the marriage by name and date of birth, and specifying the custody or parenting arrangement you're requesting. It also addresses which parent you're proposing as the primary residential parent, how decision-making authority should be allocated, and what visitation or parenting time schedule you're requesting for the non-custodial parent.

Parenting Plan or Custody Affidavit — This is one of the most important documents in any divorce involving children. It details the proposed custody arrangement, including the regular weekly schedule, holiday and vacation schedules, transportation responsibilities, communication protocols between parents, and how major decisions about the children's education, healthcare, and religious upbringing will be made. Many South Carolina courts require a detailed parenting plan before a case can proceed to a final hearing.

Parenting Proceeding Affidavit / UCCJEA Declaration — Required by the Uniform Child Custody Jurisdiction and Enforcement Act, this sworn statement discloses where each child has lived for the past five years, identifies every person the children have lived with during that period, and reveals whether any other court proceedings involving the children (custody cases, protection orders, dependency actions) are pending or have been decided. This document helps the court determine whether it has jurisdiction over custody matters. If you have safety concerns, many states allow you to request that your address be sealed.

Child Support Worksheet or Computation — South Carolina uses the income shares model to calculate child support. The worksheet requires detailed income information from both parents and factors in the number of children, the parenting time split, health insurance costs, daycare expenses, and other relevant deductions. The resulting calculation produces a presumptive support amount that the court will order unless a deviation is justified. Completing this form accurately is critical — errors can result in a support order that doesn't reflect either parent's actual financial situation.

Health Insurance Affidavit or Disclosure — This form documents what health insurance coverage is currently available for each child through either parent's employer, the marketplace, or another source. Courts use this information when issuing health care orders as part of the child support determination. You'll need to provide plan names, coverage details, premium costs, and the availability of dental and vision coverage.

Financial Disclosure Affidavit — Same as described above, but particularly critical in cases with children because the court uses this information to calculate child support. Be thorough: include all sources of income, all monthly expenses (with a specific section for child-related expenses), and all insurance premiums.

Final Decree or Judgment Entry of Divorce (With Children) — The proposed final order in a divorce involving children is substantially more detailed than a childless decree. It must address legal and physical custody, parenting time schedules, child support amounts, health insurance obligations, tax exemption allocations, and provisions for modifying the order if circumstances change.

Forms for an Uncontested or Agreed Divorce

South Carolina offers a streamlined process for couples who agree on all terms, commonly referred to as a uncontested divorce. This path is typically faster and significantly less expensive than a contested divorce, since it avoids the need for discovery, motions hearings, and trial.

In an uncontested case, the required forms typically include a joint complaint or agreed complaint signed by both parties, a comprehensive marital settlement agreement covering the division of all property and debts, spousal support terms (or a mutual waiver of support), and complete financial disclosure forms from both spouses. You'll also need a proposed final decree reflecting the agreed terms.

If children are involved in your uncontested case, you'll additionally need a signed parenting plan that both parties agree to, a completed child support worksheet, a health insurance affidavit, and a parenting proceeding affidavit. The parenting plan must be reviewed and approved by the court — even when both parents agree, the judge must determine that the arrangement serves the children's best interests.

Many South Carolina courts also allow or encourage the responding spouse to file a waiver of service, which eliminates the need for formal service of process and can save both time and money. In some counties, both spouses can appear together at a brief final hearing to confirm their agreement, after which the judge signs the decree.

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Optional but Common Forms

Depending on your specific circumstances, you may also need to file one or more of the following forms during your South Carolina divorce:

Motion for Temporary Orders — If you need the court to issue interim orders for temporary custody, child support, spousal support, or exclusive use of the marital home while your case is pending, this is the form to file. Temporary orders remain in effect until the final decree is entered or the court modifies them. They're not required in every case, but they're strongly recommended whenever there's an urgent need for financial stability or a structured parenting schedule during the divorce process.

Answer or Counterclaim — If you're the responding spouse and your partner filed first, you'll file an answer to respond to the allegations in the complaint. If you want to state your own grounds for divorce or request different relief than what your spouse has asked for, you file a counterclaim alongside your answer. In South Carolina, failing to respond within the required timeframe can result in a default judgment — meaning the court may grant your spouse everything they asked for without your input.

Fee Waiver / Indigency Affidavit — If you cannot afford the filing fee, this form requests a full or partial waiver based on your household income. Courts generally evaluate eligibility against the federal poverty guidelines — households at or below 125% of the poverty level typically qualify. Some courts also offer payment plans as an alternative to full fee waivers.

Motion for Default Judgment — If your spouse was properly served but fails to file a response within the statutory deadline, you can file a motion asking the court to enter a default judgment. The court may grant the relief you requested in your complaint without a contested hearing, though you'll typically still need to appear for a brief prove-up hearing.

Qualified Domestic Relations Order (QDRO) — If your divorce involves dividing retirement accounts, pensions, or other employer-sponsored benefits, you'll need a QDRO. This specialized court order directs the plan administrator to divide the retirement asset according to the terms of your divorce decree. QDROs must comply with both state law and federal ERISA requirements, and many couples hire an attorney or specialist to draft them.

Real Property Transfer Documents — If the divorce involves transferring ownership of real estate (such as the marital home) from one spouse to the other, you'll need a quitclaim deed or similar transfer document. The specific form and recording requirements vary by county.

Documents to Gather Before You Start

South Carolina's financial disclosure requirements are extensive, so gathering your supporting documents before you sit down with the forms can save you hours of frustration. Here is a comprehensive checklist of what you'll want to have on hand:

Identity and Marriage Records — Your marriage certificate (certified copy), government-issued photo ID for both spouses, and Social Security numbers.

Income Documentation — Federal and state tax returns for the past three years, all W-2s, 1099s, and K-1s, current pay stubs covering at least the last three months, profit-and-loss statements if self-employed, documentation of any other income sources (rental income, dividends, trust distributions, Social Security, disability, unemployment, or veteran's benefits).

Asset Documentation — Bank statements for all checking, savings, and money market accounts (at least three months), investment account statements (brokerage, mutual funds, stocks, bonds), retirement account statements (401(k), 403(b), IRA, pension), life insurance policies with current cash values, real estate deeds and current mortgage statements, vehicle titles and loan agreements, and documentation of any other significant assets (business interests, intellectual property, collectibles, cryptocurrency).

Debt Documentation — A complete list of all debts with creditor names, account numbers, and current balances. This includes mortgages, home equity loans, car loans, student loans, credit card balances, personal loans, medical bills, and any tax obligations owed.

Insurance Documentation — Current policies for health, dental, vision, life, auto, and homeowner's or renter's insurance, including premium amounts and covered dependents.

Children's Records (if applicable) — Birth certificates for each child, school enrollment and tuition records, childcare and daycare agreements and costs, medical and dental records, documentation of any special needs or ongoing treatments, and any existing custody, visitation, or support agreements from prior proceedings.

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Filing Fees

Filing fees for divorce in South Carolina typically range from $150–$200, depending on the county where you file and whether your case involves children. These fees are paid to the clerk of court at the time you submit your initial paperwork and are generally non-refundable, even if your case is later dismissed.

In addition to the base filing fee, you should budget for several other costs that may arise during the process. Service of process fees typically run $50–$150 if using a sheriff or private process server. Certified copies of the final decree (which you'll need for banks, employers, the DMV, and government agencies) usually cost $5–$25 per copy. If you file any motions during the case — for temporary orders, contempt, or modification — there may be additional motion filing fees.

If you cannot afford the filing fee, South Carolina courts allow you to request a fee waiver by submitting an Indigency Affidavit or financial hardship form. Eligibility is generally evaluated based on your household income relative to the federal poverty guidelines. Households at or below 125% of the federal poverty level (approximately $19,250 for a single person or $39,750 for a family of four in 2026) typically qualify for a full waiver. Courts may also grant partial waivers or set up payment plans depending on your financial circumstances.

Parenting Education Requirement

South Carolina does not currently mandate a statewide parenting education course for all divorcing parents. However, individual judges or counties may order one on a case-by-case basis, particularly in contested custody situations or when the court has concerns about the parents' ability to co-parent effectively.

If a parenting education course is ordered in your case, you'll need to complete a court-approved program and file a certificate of completion before your case can proceed to a final hearing. These courses typically cover co-parenting communication, the emotional impact of divorce on children, and strategies for reducing conflict. Most run four to six hours and cost $25–$75 per parent. Both in-person and online options are generally available.

Even if not required by the court, completing a co-parenting course voluntarily can be beneficial — and may reflect favorably on you in custody proceedings. Check with your local domestic relations court for any county-specific requirements or recommendations.

County-Specific Requirements

While South Carolina's Family Court forms provide a standardized foundation, many counties impose additional requirements that can catch filers off guard. These local rules can affect everything from the forms you need to the way you submit them.

Some of the most common county-level variations include mandatory local cover sheets that must accompany your filing, specific formatting requirements for proposed decrees, county-mandated mediation before a contested hearing can be scheduled, local financial disclosure forms that supplement or replace the state-level versions, and particular procedures for e-filing versus in-person submission.

Several South Carolina counties also have self-help centers or legal aid clinics that can review your paperwork for completeness and answer procedural questions — though court staff cannot provide legal advice about your specific situation. Taking advantage of these resources before you file can prevent rejections and delays.

Your best move is to contact the domestic relations court or clerk of court in the county where you plan to file and ask for their complete local filing checklist. Many courts publish this information on their websites, and some offer step-by-step filing guides for self-represented litigants.

Frequently Asked Questions

What forms do I need to file for divorce in South Carolina?

At minimum, you'll need a Complaint for Divorce, a summons or request for service, and financial disclosure affidavits covering your income, expenses, assets, and debts. If you have minor children, you'll also need a parenting plan or custody affidavit, a child support worksheet, a health insurance disclosure, and a parenting proceeding affidavit. Your county may require additional local forms — check with your clerk of court for a complete checklist.

How much does it cost to file for divorce in South Carolina?

Filing fees in South Carolina typically range from $150–$200, depending on your county and whether your case involves children. Additional costs may include service of process fees ($50–$150), certified copy fees, and motion filing fees. If you cannot afford the filing fee, you can request a fee waiver by submitting an indigency affidavit or financial hardship form to the court.

What is the residency requirement for divorce in South Carolina?

At least one spouse must have been a resident of South Carolina for 12 months (one spouse) or 3 months (both in state) before filing (S.C. Code § 20-3-30). These requirements are jurisdictional — failing to meet them can result in your case being dismissed. Military servicemembers stationed in South Carolina may also qualify to file under the Servicemembers Civil Relief Act.

Can I file for an uncontested divorce in South Carolina?

Yes. If you and your spouse agree on all terms — including property division, debt allocation, spousal support, and (if applicable) custody, parenting time, and child support — you can file for a uncontested divorce. This process is typically faster, less expensive, and less stressful than a contested divorce. You'll still need to complete all required forms and financial disclosures, but you can often avoid discovery, motions hearings, and trial.

How long does a divorce take in South Carolina?

South Carolina does not impose a mandatory waiting period, so an uncontested divorce can potentially be finalized as soon as all paperwork is complete and a hearing is scheduled. Uncontested cases typically take 2–4 months total. Contested divorces involving disputes over custody, property, or support can take 6–18 months or longer, depending on the complexity of the issues and the court's calendar.

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South Carolina Divorce Forms Checklist: What You Need to File

South Carolina Divorce Forms: Overview

Filing for divorce in South Carolina requires completing specific court-approved forms, meeting the state's residency requirements, and paying the applicable filing fees. South Carolina is a equitable distribution state, meaning the court divides marital assets in a manner it deems fair and reasonable, which may not be a 50/50 split. The state recognizes no-fault and fault grounds for divorce. South Carolina also requires a separation period of 1 year (no-fault) before a no-fault divorce can be granted, which affects your timeline.

Whether your divorce involves children or not — and whether it's contested or uncontested — the exact paperwork you'll need varies significantly. This checklist walks you through every form, affidavit, and supporting document required to file for divorce in South Carolina, organized by situation type, so you can approach the process with confidence and avoid costly delays or rejected filings.

South Carolina uses Family Court forms for divorce filings, published by the South Carolina Judicial Branch. These forms are available as downloadable PDFs that can be completed electronically or printed and filled out by hand. Depending on your county, additional local forms or supplemental documents may be required beyond the state-level paperwork. Before you begin filling anything out, check with your local clerk of court for any county-specific requirements or supplemental checklists.

How South Carolina Divorce Forms Work

South Carolina's divorce forms are published and maintained by the South Carolina Judicial Branch. The state uses Family Court forms, which provide a standardized framework accepted by courts statewide. These forms are designed to be completed by self-represented litigants as well as attorneys, and most are available as interactive PDFs that you can fill in on your computer, save, and print.

Each form serves a specific purpose in the divorce process. The primary complaint — your Complaint for Divorce — initiates the case. Financial disclosure affidavits document your income, expenses, assets, and debts. If children are involved, additional forms address custody, parenting time, child support calculations, and health insurance coverage. A proposed decree or judgment entry outlines the terms you're asking the court to approve.

It's important to understand that while South Carolina's Family Court forms are accepted across the state, many counties supplement them with their own local forms, cover sheets, or procedural requirements. Some counties require all documents to be reviewed by a compliance office before they can be filed with the clerk. Others have adopted e-filing systems that require specific formatting. Always check with the domestic relations court in the county where you plan to file for a complete list of local requirements before submitting any paperwork.

RETAINER FEE


PETITION





COURT FILING FEE

SUMMONS


AFFIDAVIT


MOTIONS


ARGUMENTS


TEMPORARY ORDERS

HEARINGS


SUBPOENAS


DEPOSITIONS


SETTLEMENT

CONFERENCES

JUDGEMENT





TRIAL


APPEALS

RETAINER FEE


PETITION





COURT FILING FEE

SUMMONS


AFFIDAVIT


MOTIONS


ARGUMENTS


TEMPORARY ORDERS

HEARINGS


SUBPOENAS


DEPOSITIONS


SETTLEMENT

CONFERENCES

JUDGEMENT





TRIAL


APPEALS

Residency Requirements

Before you fill out a single form, make sure you meet South Carolina's jurisdictional requirements. Under S.C. Code § 20-3-30, at least one spouse must have been a resident of South Carolina for 12 months (one spouse) or 3 months (both in state) prior to filing. These requirements are strictly enforced — if you don't meet them at the time of filing, the court can dismiss your case entirely for lack of subject matter jurisdiction, and your filing fee is typically non-refundable.

Residency means more than just having a mailing address in the state. You must have established South Carolina as your actual home — the place where you live and intend to remain. Some courts may ask for proof of residency at your final hearing, such as a driver's license, voter registration, utility bills, or a lease agreement.

Military servicemembers stationed in South Carolina may also qualify to file under the Servicemembers Civil Relief Act, even if South Carolina is not their home of record. If you and your spouse live in different states, you can generally file in whichever state's residency requirements you meet, though the state where your children have lived for the past six months will typically have jurisdiction over custody matters under the UCCJEA.

Upfront pricing at a fraction of the cost of traditional divorce

Divorce doesn’t have to cost as much as a car.

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Core Forms for Divorce Without Children

If you and your spouse have no minor or dependent children, your required forms package is more straightforward — but it still involves multiple documents that must be completed accurately and filed together. Here is what you'll need:

Complaint for Divorce — This is the primary document that initiates your divorce case. It identifies both spouses by full legal name, states your grounds for divorce, and outlines what you're asking the court to decide regarding property division, debt allocation, and spousal support. In South Carolina, this document is commonly referred to as the "complaint." You will sign this document under oath or penalty of perjury, affirming that the statements it contains are true.

Summons or Request for Service — After filing your complaint, your spouse must be formally notified of the proceedings. This form instructs the clerk of court on how to serve the other party. Options typically include certified mail, personal service through a sheriff or private process server, or — when your spouse cannot be located — service by publication in a local newspaper. Proper service is a constitutional requirement; without it, the court cannot proceed.

Financial Disclosure Affidavit or Statement — South Carolina requires both spouses to make full financial disclosure in every divorce. This sworn document covers your income (including wages, bonuses, commissions, self-employment income, and investment returns), your monthly expenses, and a detailed accounting of all debts. Courts rely on this information to determine property division and whether spousal support is appropriate. Providing incomplete or inaccurate financial information can result in sanctions or an unfavorable division of assets.

Property and Debt Disclosure / Affidavit — Separate from (or sometimes combined with) the income disclosure, this form requires you to list and value all marital property, separate property, financial accounts (checking, savings, CDs, money market), retirement assets (401(k), IRA, pension), vehicles, real estate, and all debts — both secured (mortgages, car loans) and unsecured (credit cards, personal loans, medical bills). South Carolina law mandates full asset disclosure, and failure to comply can result in the court awarding the other spouse a larger share.

Marital Settlement Agreement or Separation Agreement — If you and your spouse have agreed on all terms, this document spells out exactly how you'll divide property, allocate debts, and handle spousal support. When both parties sign a settlement agreement, it becomes part of the final decree and is enforceable as a court order.

Final Decree or Judgment Entry of Divorce — This is the proposed order that the judge will sign to finalize your divorce. Some South Carolina courts require you to submit a proposed decree at the time of filing; others require it before your final hearing. It should mirror the terms of your settlement agreement or, in a contested case, reflect the court's rulings on each disputed issue.

Core Forms for Divorce With Children

When minor or dependent children are involved, South Carolina's paperwork requirements expand significantly to address custody, parenting time, child support, and health insurance. You will need all of the forms listed above for a childless divorce, plus several additional documents:

Complaint for Divorce (With Children) — This version of the complaint includes additional sections identifying each child of the marriage by name and date of birth, and specifying the custody or parenting arrangement you're requesting. It also addresses which parent you're proposing as the primary residential parent, how decision-making authority should be allocated, and what visitation or parenting time schedule you're requesting for the non-custodial parent.

Parenting Plan or Custody Affidavit — This is one of the most important documents in any divorce involving children. It details the proposed custody arrangement, including the regular weekly schedule, holiday and vacation schedules, transportation responsibilities, communication protocols between parents, and how major decisions about the children's education, healthcare, and religious upbringing will be made. Many South Carolina courts require a detailed parenting plan before a case can proceed to a final hearing.

Parenting Proceeding Affidavit / UCCJEA Declaration — Required by the Uniform Child Custody Jurisdiction and Enforcement Act, this sworn statement discloses where each child has lived for the past five years, identifies every person the children have lived with during that period, and reveals whether any other court proceedings involving the children (custody cases, protection orders, dependency actions) are pending or have been decided. This document helps the court determine whether it has jurisdiction over custody matters. If you have safety concerns, many states allow you to request that your address be sealed.

Child Support Worksheet or Computation — South Carolina uses the income shares model to calculate child support. The worksheet requires detailed income information from both parents and factors in the number of children, the parenting time split, health insurance costs, daycare expenses, and other relevant deductions. The resulting calculation produces a presumptive support amount that the court will order unless a deviation is justified. Completing this form accurately is critical — errors can result in a support order that doesn't reflect either parent's actual financial situation.

Health Insurance Affidavit or Disclosure — This form documents what health insurance coverage is currently available for each child through either parent's employer, the marketplace, or another source. Courts use this information when issuing health care orders as part of the child support determination. You'll need to provide plan names, coverage details, premium costs, and the availability of dental and vision coverage.

Financial Disclosure Affidavit — Same as described above, but particularly critical in cases with children because the court uses this information to calculate child support. Be thorough: include all sources of income, all monthly expenses (with a specific section for child-related expenses), and all insurance premiums.

Final Decree or Judgment Entry of Divorce (With Children) — The proposed final order in a divorce involving children is substantially more detailed than a childless decree. It must address legal and physical custody, parenting time schedules, child support amounts, health insurance obligations, tax exemption allocations, and provisions for modifying the order if circumstances change.

Forms for an Uncontested or Agreed Divorce

South Carolina offers a streamlined process for couples who agree on all terms, commonly referred to as a uncontested divorce. This path is typically faster and significantly less expensive than a contested divorce, since it avoids the need for discovery, motions hearings, and trial.

In an uncontested case, the required forms typically include a joint complaint or agreed complaint signed by both parties, a comprehensive marital settlement agreement covering the division of all property and debts, spousal support terms (or a mutual waiver of support), and complete financial disclosure forms from both spouses. You'll also need a proposed final decree reflecting the agreed terms.

If children are involved in your uncontested case, you'll additionally need a signed parenting plan that both parties agree to, a completed child support worksheet, a health insurance affidavit, and a parenting proceeding affidavit. The parenting plan must be reviewed and approved by the court — even when both parents agree, the judge must determine that the arrangement serves the children's best interests.

Many South Carolina courts also allow or encourage the responding spouse to file a waiver of service, which eliminates the need for formal service of process and can save both time and money. In some counties, both spouses can appear together at a brief final hearing to confirm their agreement, after which the judge signs the decree.

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Optional but Common Forms

Depending on your specific circumstances, you may also need to file one or more of the following forms during your South Carolina divorce:

Motion for Temporary Orders — If you need the court to issue interim orders for temporary custody, child support, spousal support, or exclusive use of the marital home while your case is pending, this is the form to file. Temporary orders remain in effect until the final decree is entered or the court modifies them. They're not required in every case, but they're strongly recommended whenever there's an urgent need for financial stability or a structured parenting schedule during the divorce process.

Answer or Counterclaim — If you're the responding spouse and your partner filed first, you'll file an answer to respond to the allegations in the complaint. If you want to state your own grounds for divorce or request different relief than what your spouse has asked for, you file a counterclaim alongside your answer. In South Carolina, failing to respond within the required timeframe can result in a default judgment — meaning the court may grant your spouse everything they asked for without your input.

Fee Waiver / Indigency Affidavit — If you cannot afford the filing fee, this form requests a full or partial waiver based on your household income. Courts generally evaluate eligibility against the federal poverty guidelines — households at or below 125% of the poverty level typically qualify. Some courts also offer payment plans as an alternative to full fee waivers.

Motion for Default Judgment — If your spouse was properly served but fails to file a response within the statutory deadline, you can file a motion asking the court to enter a default judgment. The court may grant the relief you requested in your complaint without a contested hearing, though you'll typically still need to appear for a brief prove-up hearing.

Qualified Domestic Relations Order (QDRO) — If your divorce involves dividing retirement accounts, pensions, or other employer-sponsored benefits, you'll need a QDRO. This specialized court order directs the plan administrator to divide the retirement asset according to the terms of your divorce decree. QDROs must comply with both state law and federal ERISA requirements, and many couples hire an attorney or specialist to draft them.

Real Property Transfer Documents — If the divorce involves transferring ownership of real estate (such as the marital home) from one spouse to the other, you'll need a quitclaim deed or similar transfer document. The specific form and recording requirements vary by county.

Documents to Gather Before You Start

South Carolina's financial disclosure requirements are extensive, so gathering your supporting documents before you sit down with the forms can save you hours of frustration. Here is a comprehensive checklist of what you'll want to have on hand:

Identity and Marriage Records — Your marriage certificate (certified copy), government-issued photo ID for both spouses, and Social Security numbers.

Income Documentation — Federal and state tax returns for the past three years, all W-2s, 1099s, and K-1s, current pay stubs covering at least the last three months, profit-and-loss statements if self-employed, documentation of any other income sources (rental income, dividends, trust distributions, Social Security, disability, unemployment, or veteran's benefits).

Asset Documentation — Bank statements for all checking, savings, and money market accounts (at least three months), investment account statements (brokerage, mutual funds, stocks, bonds), retirement account statements (401(k), 403(b), IRA, pension), life insurance policies with current cash values, real estate deeds and current mortgage statements, vehicle titles and loan agreements, and documentation of any other significant assets (business interests, intellectual property, collectibles, cryptocurrency).

Debt Documentation — A complete list of all debts with creditor names, account numbers, and current balances. This includes mortgages, home equity loans, car loans, student loans, credit card balances, personal loans, medical bills, and any tax obligations owed.

Insurance Documentation — Current policies for health, dental, vision, life, auto, and homeowner's or renter's insurance, including premium amounts and covered dependents.

Children's Records (if applicable) — Birth certificates for each child, school enrollment and tuition records, childcare and daycare agreements and costs, medical and dental records, documentation of any special needs or ongoing treatments, and any existing custody, visitation, or support agreements from prior proceedings.

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Filing Fees

Filing fees for divorce in South Carolina typically range from $150–$200, depending on the county where you file and whether your case involves children. These fees are paid to the clerk of court at the time you submit your initial paperwork and are generally non-refundable, even if your case is later dismissed.

In addition to the base filing fee, you should budget for several other costs that may arise during the process. Service of process fees typically run $50–$150 if using a sheriff or private process server. Certified copies of the final decree (which you'll need for banks, employers, the DMV, and government agencies) usually cost $5–$25 per copy. If you file any motions during the case — for temporary orders, contempt, or modification — there may be additional motion filing fees.

If you cannot afford the filing fee, South Carolina courts allow you to request a fee waiver by submitting an Indigency Affidavit or financial hardship form. Eligibility is generally evaluated based on your household income relative to the federal poverty guidelines. Households at or below 125% of the federal poverty level (approximately $19,250 for a single person or $39,750 for a family of four in 2026) typically qualify for a full waiver. Courts may also grant partial waivers or set up payment plans depending on your financial circumstances.

Parenting Education Requirement

South Carolina does not currently mandate a statewide parenting education course for all divorcing parents. However, individual judges or counties may order one on a case-by-case basis, particularly in contested custody situations or when the court has concerns about the parents' ability to co-parent effectively.

If a parenting education course is ordered in your case, you'll need to complete a court-approved program and file a certificate of completion before your case can proceed to a final hearing. These courses typically cover co-parenting communication, the emotional impact of divorce on children, and strategies for reducing conflict. Most run four to six hours and cost $25–$75 per parent. Both in-person and online options are generally available.

Even if not required by the court, completing a co-parenting course voluntarily can be beneficial — and may reflect favorably on you in custody proceedings. Check with your local domestic relations court for any county-specific requirements or recommendations.

County-Specific Requirements

While South Carolina's Family Court forms provide a standardized foundation, many counties impose additional requirements that can catch filers off guard. These local rules can affect everything from the forms you need to the way you submit them.

Some of the most common county-level variations include mandatory local cover sheets that must accompany your filing, specific formatting requirements for proposed decrees, county-mandated mediation before a contested hearing can be scheduled, local financial disclosure forms that supplement or replace the state-level versions, and particular procedures for e-filing versus in-person submission.

Several South Carolina counties also have self-help centers or legal aid clinics that can review your paperwork for completeness and answer procedural questions — though court staff cannot provide legal advice about your specific situation. Taking advantage of these resources before you file can prevent rejections and delays.

Your best move is to contact the domestic relations court or clerk of court in the county where you plan to file and ask for their complete local filing checklist. Many courts publish this information on their websites, and some offer step-by-step filing guides for self-represented litigants.

Frequently Asked Questions

What forms do I need to file for divorce in South Carolina?

At minimum, you'll need a Complaint for Divorce, a summons or request for service, and financial disclosure affidavits covering your income, expenses, assets, and debts. If you have minor children, you'll also need a parenting plan or custody affidavit, a child support worksheet, a health insurance disclosure, and a parenting proceeding affidavit. Your county may require additional local forms — check with your clerk of court for a complete checklist.

How much does it cost to file for divorce in South Carolina?

Filing fees in South Carolina typically range from $150–$200, depending on your county and whether your case involves children. Additional costs may include service of process fees ($50–$150), certified copy fees, and motion filing fees. If you cannot afford the filing fee, you can request a fee waiver by submitting an indigency affidavit or financial hardship form to the court.

What is the residency requirement for divorce in South Carolina?

At least one spouse must have been a resident of South Carolina for 12 months (one spouse) or 3 months (both in state) before filing (S.C. Code § 20-3-30). These requirements are jurisdictional — failing to meet them can result in your case being dismissed. Military servicemembers stationed in South Carolina may also qualify to file under the Servicemembers Civil Relief Act.

Can I file for an uncontested divorce in South Carolina?

Yes. If you and your spouse agree on all terms — including property division, debt allocation, spousal support, and (if applicable) custody, parenting time, and child support — you can file for a uncontested divorce. This process is typically faster, less expensive, and less stressful than a contested divorce. You'll still need to complete all required forms and financial disclosures, but you can often avoid discovery, motions hearings, and trial.

How long does a divorce take in South Carolina?

South Carolina does not impose a mandatory waiting period, so an uncontested divorce can potentially be finalized as soon as all paperwork is complete and a hearing is scheduled. Uncontested cases typically take 2–4 months total. Contested divorces involving disputes over custody, property, or support can take 6–18 months or longer, depending on the complexity of the issues and the court's calendar.

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