South Carolina Divorce Forms & Papers

Divorce Papers > South Carolina Divorce Forms & Papers

The South Carolina divorces are controlled by the South Caroline divorce laws found in Section 20 of the South Carolina Law Code. South Carolina divorce forms and papers should be filed only after consulting a lawyer. One should give a thought if you really want a divorce. Look back and find out if you have taken all the efforts to save your marriage and what went wrong. Calling for a divorce is a difficult decision as it involves a lot of physical and mental strain. Moreover if children are involved, you need to make sure that your decision is in the best interest of you and your children.

For filing a divorce in the state of South Carolina, you need to make sure that you fulfill all the residency requirement of the state. As per the South Carolina divorce law, if both spouses are residents of the state, the spouse filing for divorce must have lived in the state for at least three months before filing a divorce. On the other hand if only one of the spouse has been a resident of the state, the spouse filing for divorce must have lived in South Carolina for at least one year, before filing a divorce. There is a required 90-day delay from the time of filing to the time of the final decree of divorce. The divorce may be filed for in 1) the county where the defendant resides, 2) the county where the plaintiff resides if the defendant does not live in South Carolina; or 3) the county where the spouses last lived together if both still live in South Carolina. [Code of Laws of South Carolina; Chapter 3, Sections 203-30, 20-3-60, 20- 3-80]. For more information on filing divorce see our page on how to file for separation.

Grounds for divorce in the state of South Carolina:

The only ground for no-fault divorce in South Carolina is: Living separate and apart without cohabitation for one year. [Code of Laws of South Carolina; Chapter 3, Section 20-3-10).

However a fault based divorce can be filed on the grounds of: 1) drug or alcoholism 2) cruelty/physical abuse 3) adultery or 4) deserting for a year by will.

No matter what the reason for a divorce is, a Do It Yourself divorce can be filed on a agreed or a default basis.

An agreed divorce is when both the spouses agree on the terms and conditions of the divorce as per the South Carolina divorce laws. The terms and conditions are basically for the distribution of property and child custody. An agreed divorce need to be singed by both parties and is the widely used method of divorce in the state of South Carolina.

A default divorce on the other hand is not signed by one of the spouses. The entire divorce process beginning from filing the paper work is done by the other spouse. In a default divorce the person filing for divorce gets whatever is been asked for in the divorce decree. The other spouse agrees on it by default.

Procedure to file a divorce in the state of South Carolina:

There are three basic steps that one has to follow in order to file a divorce in the state of South Carolina, which includes:

Filing the divorce forms and paper work at a county near you
Notifying the spouse about your filing a divorce in the state of South Carolina
Attending the hearing of the court

Child custody laws for the state of South Carolina:

The most preferred method of child custody in South Carolina is a shared method. Sole custody arrangements are considered only if both the partners agree on the reason for custody.

USE THESE WORDS IN THE COURT DOCUMENTS FOR SOUTH CAROLINA

Use these exact words, all in capital letters: STATE OF SOUTH CAROLINA, THE COURT OF THE JUDICIAL CIRCUIT
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words: DECREE OF DIVORCE. Be sure to use capital letters only when placed as the title of your final document.
Use the word "County" here.

For detailed divorce laws in South Carolina state, please see South Carolina Divorce Laws page.

Free South Carolina Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

South Carolina Divorce Instructions

South Carolina Divorce Forms that both parties must sign

Forms & Documents

South Carolina Divorce Court Forms