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17. What is the filing fee for a divorce? The filing fee for a divorce is $150. If the parties need a temporary hearing, there is an additional $25 filing fee.
Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.
Parties may* obtain a divorce 90 days after the date of filing if a fault-based ground exists and the burden of proof is met to show that the fault-based ground exists. *Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis.
A default divorce describes an uncontested divorce in which only one spouse participates in divorce proceedings. Usually, this means that the other spouse is unreachable, but some states allow spouses to agree to a default divorce.
There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.
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Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
The court clerk will charge a filing fee to file the papers (currently $150). If you can't afford the fee, you may request a waiver by filing a Motion and Affidavit to Proceed In Forma Pauperis. The court will decide if you qualify for a waiver.
Both parties are ready to leave the marriage, are willing to move forward and agree on the basic terms of how post-marriage life will work. Since so much is agreed upon, uncontested divorces can take as little as two or three months to resolve after the separation requirements are fulfilled.
If a party does not respond to divorce papers, and there is no written agreement between the parties, the person seeking a default judgment to finalize a divorce -- the petitioner -- must still follow a series of steps. First, the petitioner must submit a request for a default judgment in the divorce matter.
South Carolina does not require couples to formally file for separation before filing for divorce. However, couples must live separately from one another for one year prior to filing for a no-fault divorce.

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