The Step-by-Step Process of Divorce in South Carolina—and How Long It Really Takes

• October 29th, 2025
• Family Law

Divorce is never easy, but understanding the process can make it far less overwhelming. In South Carolina, specific legal steps and timelines determine how long it takes to finalize a divorce. Whether your case is uncontested or highly contested, knowing what to expect helps you plan ahead with confidence.

1. Meeting the Residency Requirements

Before filing for divorce in South Carolina, at least one spouse must meet the residency requirements:

• If both spouses live in South Carolina, either can file after living in the state for at least three months.
• If only one spouse lives in South Carolina, that spouse must have lived in the state for at least one year before filing.

2. Filing the Complaint for Divorce

The process begins when one spouse files a Complaint for Divorce in Family Court. This document explains the grounds for divorce and any requests related to property, child custody, or support. The complaint is then formally served to the other spouse, who has 30 days to respond.

3. Establishing Grounds for Divorce

South Carolina recognizes both fault-based and no-fault grounds for divorce:

• No-fault: You and your spouse have lived separately for at least one continuous year.
• Fault-based: Adultery, physical cruelty, habitual drunkenness or drug use, or desertion for one year.

Fault-based divorces can be filed sooner, but they often take longer to resolve because they require proof.

4. Temporary Hearings

During the process, the court may schedule a temporary hearing to address immediate issues such as child support, custody, or who stays in the marital home. 

5. Discovery and Negotiation

If the divorce involves property division, custody disputes, or other contested issues, both parties exchange financial information and evidence—a phase called discovery. Many couples reach a settlement agreement during this stage, which can significantly shorten the timeline.

6. Final Hearing or Trial

Once all issues are resolved—either through agreement or trial—the court issues a Final Decree of Divorce. If it’s an uncontested, no-fault divorce, the process may take as little as three months after the one-year separation. Contested cases, however, can stretch from six months to more than a year, depending on complexity and court scheduling.

The Bottom Line

In South Carolina, divorce can move quickly for couples who agree on key issues—but when emotions and disagreements run high, patience and preparation are essential. Working with an experienced family law attorney in Greenville ensures every step is handled properly and your rights are protected.