How to File for Divorce in Charleston County, SC

By Jessica Means, Hall & Means, LLC

Filing for divorce in Charleston County means meeting SC Code § 20-3-30’s residency rule, filing a Summons and Complaint with the Family Court at 100 Broad Street, and following either the faster uncontested track or the longer contested process. At Hall & Means in Charleston, we walk clients through each document and deadline from the Complaint to the final decree.

Before You File: Residency and Separation Requirements

Residency requirement

Under SC Code § 20-3-30, South Carolina Family Courts — including the 9th Judicial Circuit (Charleston and Berkeley counties) and the 1st Judicial Circuit (Dorchester County) — have jurisdiction to hear your divorce only if:

• Standard rule: the plaintiff (the spouse filing) has been a South Carolina resident for at least one year before the Complaint is filed; if the plaintiff is not a South Carolina resident, the defendant must have resided in the state for that year instead, or
• Shortened rule: both spouses are residents of South Carolina when the action is filed—in that case, the plaintiff need only have resided in the state for three months before filing

If neither party meets the residency requirement, the court lacks jurisdiction to grant the divorce. You must establish residency before filing—there is no workaround.

Separation requirement for no-fault divorce

If you are filing on the no-fault ground (one year of continuous separation), that full year must be complete before you file the Complaint—not just before the hearing date. If you file prematurely, the case will be dismissed. The separation clock starts when you and your spouse last lived together as a married couple; any resumption of cohabitation resets it entirely. See our guide to grounds for divorce in South Carolina for a full explanation of fault vs. no-fault options.

What Documents Do You Need to File for Divorce in Charleston?

The paperwork varies depending on whether children are involved and whether the divorce is contested, but every divorce filing in Charleston County requires:

1. Summons (SCCA 400) — notifies the respondent of the legal action and the deadline to respond
2. Complaint for Divorce — states the ground for divorce, identifies the parties, and requests the relief you are seeking (property division, alimony, attorney’s fees)
3. Family Court Cover Sheet — a one-page administrative form required by the court (the current version is on the sccourts.org Family Court forms index)
4. Financial Declaration (SCCA 430) — a detailed sworn statement of income, expenses, assets, and debts, filed by the parties in cases involving alimony, property division, or support and exchanged early in the case

If minor children are involved, also prepare:

• Parenting Plan — under SC Code § 63-15-220, at all contested temporary custody hearings each parent must prepare, file, and submit a parenting plan detailing parenting time and decision-making (current forms are on the sccourts.org Family Court forms index)
• Child Support Worksheet — SC uses the Income Shares Model to calculate child support; the worksheet must accompany any child support request; see our guide on how SC child support is calculated for the full calculation method

Filing Fees at the Charleston County Family Court

Filing fees change over time — confirm the current amounts with the Clerk of Court at 100 Broad Street or on sccourts.org before you file. As a general matter:

• Complaint for Divorce: the plaintiff pays a filing fee for a new action (confirm the current amount with the Clerk)
• Answer/Response or Counterclaim by respondent: fee amounts vary — confirm with the Clerk of Court whether a fee applies
• Motions filed after the initial complaint: a separate motion fee applies

If you cannot afford the filing fee, you may apply to proceed in forma pauperis (IFP) by submitting a financial affidavit to the clerk. IFP approval waives court filing fees; it does not affect attorney’s fees or the cost of private service of process.

Step-by-Step: Filing for Divorce at 100 Broad Street

Step 1 — Confirm you meet residency and separation requirements. Run through the checklist above. If the one-year separation date is coming up soon, note the exact date and do not file even one day early.

Step 2 — Prepare your documents. Assemble the Summons, Complaint, Family Court cover sheet, and Financial Declaration. If children are involved, add the Parenting Plan and Child Support Worksheet. Bring the original plus any copies the Clerk of Court requires — confirm the current copy requirements before you file.

Step 3 — File at the Family Court Clerk’s Office. The Clerk’s Office is at 100 Broad Street, Charleston, SC 29401 — check the court’s website for current hours. Submit your documents, pay the filing fee, and obtain a case number and file-stamped copies. The clerk will not review your documents for accuracy—it is your responsibility to ensure they are legally sufficient.

Step 4 — Serve the respondent. Your spouse must be properly served with the Summons and Complaint using a method permitted by the South Carolina Rules of Civil Procedure — the Clerk’s Office can explain the accepted options. Your spouse generally has 30 days from the date of service to file a written Answer.

Step 5 — Exchange Financial Declarations. Both parties exchange completed Financial Declarations (SCCA 430) early in the case — the deadline comes from the court’s rules and scheduling orders, and missing it can result in sanctions and delays.

Step 6 — Choose your path: uncontested or contested.

Uncontested Divorce: The Faster Path

If you and your spouse agree on every issue—property division, alimony (or waiver of alimony), child custody, visitation, and child support—you can pursue an uncontested divorce. Both parties sign a written Marital Settlement Agreement (MSA) covering all resolved issues. Once the MSA is executed and the required waiting period has passed, the court can approve the agreement and grant the divorce at a brief final hearing.

How long an uncontested no-fault divorce takes from filing to final decree depends on the court’s docket and how quickly service and the required steps are completed — but it is generally far faster than a contested case.

Contested Divorce: When You Cannot Agree

If any issue is disputed—even one line in the property settlement—the divorce is contested. The timeline expands significantly:

• Temporary relief hearing — establishes interim custody, child support, and spousal support while the case is pending; timing depends on the court’s docket. It is often one of the most consequential hearings in the case, because the interim arrangement frames the months that follow
• Discovery period — document requests, interrogatories, depositions; financial discovery in high-asset cases can be extensive
• Mediation — often required before a contested case can proceed to trial; a neutral mediator facilitates settlement discussions, and many cases resolve at or after mediation
• Final hearing/trial (if mediation fails) — a full evidentiary hearing before the Family Court judge; how long a contested case takes from filing to trial depends on its complexity and the court’s calendar

Frequently Asked Questions

How long does a divorce take in Charleston County?

There is no fixed schedule. An uncontested divorce with a complete agreement is generally the fastest path; a contested case that requires discovery, mediation, and a trial takes substantially longer. Complexity, discovery disputes, and court scheduling drive the timeline — a Charleston family-law attorney can give you a realistic estimate for your situation.

Does my spouse have to be in Charleston or South Carolina when I file?

No. Meeting South Carolina’s residency requirement is not the same question as whether Charleston County is the correct venue — proper venue depends on factors like where your spouse lives and where the two of you last lived together, so confirm with the Clerk of Court or your attorney that Charleston County is the right county for your filing. Once venue is proper, out-of-state service on your spouse is generally permissible. However, if your spouse has no connection to South Carolina, the court may have limited jurisdiction over certain financial claims—consult with an attorney before filing if your spouse is out of state.

Can I use a divorce kit or online service to file in Charleston?

Technically yes for an uncontested divorce with no significant assets, no children, and no spousal support claims. In practice, errors in the Financial Declaration, the Complaint, or the MSA frequently cause delays or result in agreements that cannot be enforced, and those mistakes can be costly to fix after the fact. For any case involving real property, retirement accounts, children, or potential alimony, talk to an attorney before filing.

Does the Charleston Family Court offer any self-help resources?

The 9th Judicial Circuit Family Court Clerk’s Office at 100 Broad Street can provide standard forms and general filing and procedural information—but staff cannot advise which forms you need or whether your documents are legally sufficient. South Carolina Legal Services provides free or reduced-cost assistance to qualifying low-income individuals, and the South Carolina Bar operates a Lawyer Referral Service that can connect you with attorneys who offer initial consultations.

Before you file, read our companion guides: protecting yourself financially before filing and grounds for divorce in South Carolina.

Request a Confidential Consultation With a Charleston Family Law Attorney

Every family’s situation is different, and the right next step depends on your facts. If you would like to talk through your situation confidentially and without obligation, call Hall & Means at (843) 377-1341 or inquire online. We will listen first, then explain your options in plain language.

Hall & Means, LLC serves clients in Charleston and the South Carolina Lowcountry, including Charleston County in the 9th Judicial Circuit and neighboring Dorchester County in the 1st Judicial Circuit. The legal framework discussed here applies statewide in South Carolina.

About the Author

Jessica Means is a partner at Hall & Means, LLC who represents clients in divorce, custody, and family law matters, with a particular focus on cases involving children. A former lay Guardian ad Litem, she contributed more than 100 pro bono hours in DSS abuse and neglect matters in Charleston and Dorchester counties — experience that complements her work as a litigator.

Read Jessica’s full bio →  |  Request a Confidential Consultation

This article is general legal information, not legal advice, and does not create an attorney-client relationship. South Carolina law changes and every case turns on its specific facts. Consult a licensed South Carolina family-law attorney about your situation. (Attorney advertising — SC RPC 7.1.)