South Carolina Divorce Without Children (2026)
Without children, South Carolina divorce is more straightforward. The key variables are completing the 1-year separation, reaching agreement on property and alimony, and attending the brief final hearing.
Overview
| Factor | Rule |
|---|---|
| Pre-filing requirement | 1-year physical separation (no-fault) OR documented fault ground |
| Filing fee | $150 |
| Waiting period after filing | None |
| Property | Equitable distribution of marital property (fault is a factor) |
| Alimony | Discretionary — fault affects eligibility; adultery bars it |
| Forms | sccourts.org/selfhelp |
| Final hearing | Brief hearing required (even uncontested) |
What the Settlement Agreement Must Cover (No Children)
All Marital Real Property
- Identify as marital (acquired during marriage) or non-marital (pre-marital, inherited)
- For marital real estate: agreed value; equitable equity split (note any fault adjustment); who keeps or sale
- Refinancing deadline and fallback
- Quit Claim Deed → Register of Deeds after refinancing
Non-Marital Real Property
- Confirm stays with original owner
- Other spouse's waiver of claim
Marital Financial Accounts
- Bank accounts opened or funded during marriage → marital → assign or split
- Investment accounts → identify marital portion
- Retirement accounts → QDRO for employer plans; IRA transfer for IRAs
Vehicles
- Purchased during marriage → marital → assign; refinance
- Pre-marital → non-marital → confirmed to original owner
Marital Debts
- Each marital debt assigned to one spouse; indemnification clause
Alimony
The Settlement Agreement must address alimony — either:
- Award: Amount, payment frequency, duration, termination events (death, remarriage)
- Waiver: "Each party waives any claim for alimony, now and forever"
Do NOT leave alimony unaddressed. In South Carolina, alimony is generally not modifiable to add alimony if waived in the Settlement Agreement.
Adultery bar: If one spouse committed adultery, they cannot receive alimony. If this applies, the non-adulterous spouse should ensure this is documented if seeking to deny alimony to the other.
Financial Declaration (Required)
Both parties must complete and file a Financial Declaration with the Family Court — required even with no children and a complete agreement.
Timeline (No Children, No-Fault)
| Stage | Duration |
|---|---|
| Separation period (before filing) | 12 months (mandatory) |
| Pre-filing preparation | Concurrent with separation |
| File + service | 1–2 weeks |
| Answer period | 30 days |
| Final hearing | 2–8 weeks after answer period |
| Post-Decree steps | 2–6 weeks |
| Total from separation start | ~15–18 months |
Last reviewed: March 2026 | 1-year separation before filing | $150 fee | Brief final hearing required | sccourts.org/selfhelp | Adultery bars alimony in SC
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.