South Carolina Divorce Checklist — Step-by-Step (2026)

Phase 1 — Meet the Prerequisites

• 1-year separation: Confirm date spouses began living apart in separate residences
• Calculate eligibility date: Separation date + 365 days = first day eligible to file (no-fault)
• Residency: Both in SC — 3 months for either; only one in SC — 1 year for the SC spouse
• Fault ground alternative: If using a fault ground (adultery, cruelty, drunkenness/drug use, desertion), document evidence; consult an attorney before proceeding with a fault-ground case

Phase 2 — Financial Document Gathering

• Recent pay stubs (both spouses, last 2–3)
• Last 2–3 years of federal tax returns
• All bank and savings account statements
• Investment account statements
• Retirement account statements (401k, IRA, pension) — include pre-marital balance if relevant
• Mortgage statement (balance, payoff amount)
• All vehicle loan statements
• Credit card and all other debt statements
• Business interest documentation (if applicable)
• All separate property documentation (pre-marital deeds, inheritance records, gift documentation)

Phase 3 — Draft the Settlement Agreement

• Division of all marital property:
  • Real estate — who keeps or sale terms; equity split; refinancing deadline
  • Bank accounts — split or assign
  • Investment accounts
  • Retirement accounts — QDRO or IRA transfer; marital portion
  • Vehicles — assignment; refinancing
  • Personal property of value
  • Business interests
• Separate (non-marital) property confirmed to original owner; include waiver
• Marital debt allocation; indemnification clauses
• Alimony — amount, duration, termination events; OR written waiver
  • Note: Adultery completely bars alimony in SC — if applicable, this must be addressed
• If children:
  • Legal custody (joint or sole)
  • Physical custody and visitation/parenting time schedule
  • Child support per SC Guidelines
  • Health insurance and extraordinary expenses
• Both parties sign and notarize the Settlement Agreement

Phase 4 — Prepare Required Forms (sccourts.org/selfhelp)

• Summons for Divorce
• Complaint for Divorce (states ground, residency, separation date)
• Verification (Plaintiff signs, notarized)
• Affidavit of Residence and Separation (attests to 1-year separation and residency)
• Financial Declaration — both parties complete separately
• Settlement Agreement / Separation Agreement (executed by both parties)
• Parenting Plan (if children)
• Child Support Worksheet (if children)
• Final Decree of Divorce (draft for judge's signature)

Phase 5 — File at Family Court

• Make 3+ complete copies of the entire packet
• File at Family Court clerk's office in your county
• Pay $150 filing fee
• Receive case number

Phase 6 — Serve the Respondent

• Respondent signs an Acceptance of Service (simplest for agreed cases)
• OR serve via sheriff or process server
• File proof of service with the Family Court

Phase 7 — The Final Hearing

• Schedule a hearing date with the Family Court (even uncontested cases require a brief hearing)
• Both parties (or at minimum the Plaintiff) attend
• Bring originals and copies of all filed documents
• Testify to: residency, separation date and duration, and agreement terms
• Judge reviews Settlement Agreement and enters Final Decree of Divorce

Phase 8 — Post-Divorce

• Real estate: Deed → record at county Register of Deeds
• Vehicles: SC DMV title transfer
• Retirement: QDRO for employer plans; IRA transfer for IRAs
• Beneficiary designations: Update all accounts
• Name restoration: Social Security → SC DMV → bank accounts
• Health insurance: New coverage within COBRA window (60 days)

Last reviewed: March 2026 | 1-year separation required before filing | Forms: sccourts.org/selfhelp | $150 filing fee | Family Court

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.