How Do I File Divorce Papers in South Carolina?

It is easy to file for divorce yourself, and South Carolina has one of the best legal systems for representing yourself, as it is straightforward and understandable.

Instructions

1. Decide whether you meet the divorce requirements. For a “no-fault” divorce, you and your spouse must have lived separately for at least a year. Otherwise, divorces can be granted on the grounds of adultery, alcohol/drug addiction, abuse or abandonment.

2. Visit your local court and ask the clerk for a complaint of divorce form.

3. Complete the form. It will ask for the grounds for divorce, any children involved and the current living arrangements of both parties.

4. File the forms with the clerk.

5. Wait for your decree absolute. This usually takes between 14 days and a month to arrive and will be mailed to you or you will be asked to collect it from the court.

Tips & Warnings

• If your spouse contests the divorce, you may be asked to attend a court hearing.

References

• "Marriage and Divorce Law in South Carolina: A Layperson's Guide"; Roy T. Stuckey; 2002.
• "Straight Talk about South Carolina Divorce Law"; Robert N. Rosen; 2007.