How Long Does Divorce Take in South Carolina?
South Carolina has a mandatory waiting period of None (fault) / 12 months separation (no-fault). Uncontested divorces typically take 2–4 months after the waiting period. Contested cases can take 1–3+ years depending on the issues involved.
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Talk to AI AdvisorKey Facts
Waiting period
None (fault) / 12 months separation (no-fault)
Residency requirement
3–12 months
Divorce type
Fault & No-Fault
Filing fee
$150–$200
The South Carolina Divorce Process
Meet residency requirements
You or your spouse must have lived in South Carolina for 3–12 months before filing.
File the divorce petition
One spouse files the petition with the court and pays the filing fee ($150–$200). Fee waivers available for low income.
Serve your spouse
The other spouse must be formally served with divorce papers. They then have a set time (usually 20–30 days) to file a response.
Exchange financial disclosures
Both spouses must disclose all income, assets, and debts. This is mandatory and cannot be skipped.
Negotiate or litigate
If you agree on everything, submit a settlement. If not, try mediation first. If mediation fails, the case goes to trial.
Final judgment
Once all issues are resolved and the None (fault) / 12 months separation (no-fault) waiting period has passed, the judge signs the final judgment and your divorce is complete.
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Legal Disclaimer: This article covers South Carolina divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed South Carolina family law attorney for advice specific to your situation.