How to File for Divorce in Charleston County, SC
By Jessica Means, Hall & Means, LLC
Learning how to file for divorce in Charleston SC means navigating the 9th Judicial Circuit Family Court at 100 Broad Street, assembling the right paperwork before you walk in, and understanding the difference between an uncontested and contested path—because the two timelines diverge significantly after you file. This guide covers the residency requirements, the documents you need, the filing fees, and what happens from the moment you submit your Complaint to the date the judge signs 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: at least one spouse has been a South Carolina resident for at least one year before the Complaint is filed, 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:
- Summons — notifies the respondent of the legal action and the deadline to respond
- Complaint for Divorce — states the ground for divorce, identifies the parties, and requests the relief you are seeking (property division, alimony, attorney’s fees)
- Family Court Cover Sheet (SCCA 467) — a one-page administrative form required by the court
- Financial Declaration (SCCA Form 430) — a detailed sworn statement of income, expenses, assets, and debts; required in all cases involving alimony, property division, or support; must be served on the other party within 45 days of service of the Complaint
If minor children are involved, also prepare:
- Parenting Plan (SCCA Form 466) — required in all contested custody cases; details physical custody schedule, holiday rotation, and decision-making process
- 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
Current filing fees at 100 Broad Street (fees are set by the SC Legislature and subject to change):
- Complaint for Divorce: approximately $150
- Answer/Response or Counterclaim by respondent: no filing fee
- Motions filed after the initial complaint: $25 per motion
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, SCCA 467 cover sheet, and Financial Declaration. If children are involved, add the Parenting Plan and Child Support Worksheet. Bring three copies of each document.
Step 3 — File at the Family Court Clerk’s Office. The Clerk’s Office is on the ground floor of 100 Broad Street, Charleston, SC 29401. Hours are generally 8:30 AM–5:00 PM, Monday through Friday. 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 personally served with the Summons and Complaint. The Charleston County Sheriff’s Office provides process service for a fee, or you can use a licensed private process server. Your spouse generally has 30 days from the date of service to file a written Answer.
Step 5 — Exchange Financial Declarations. Both parties must serve their completed Financial Declarations on each other within 45 days of service of the Complaint. Failure to exchange Financial Declarations on time 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, often perfunctory hearing—or in some cases, on the papers without any hearing at all.
Timeline for an uncontested no-fault divorce in Charleston: typically 3 to 6 months from filing to final decree, assuming no service delays and no last-minute disputes.
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 (typically 30–60 days after filing): establishes interim custody, child support, and spousal support while the case is pending; often the most important hearing in the entire case because judges tend toward continuity when entering final orders
- Discovery period (3–12 months): document requests, interrogatories, depositions; financial discovery in high-asset cases can be extensive
- Mediation (required in most Charleston Family Court cases before a trial can even be requested): a neutral mediator facilitates settlement discussions; most cases resolve at or after mediation
- Final hearing/trial (if mediation fails): full evidentiary hearing before the Family Court judge; timeline from filing to trial is typically 12–24 months in a contested case
Frequently Asked Questions
How long does a divorce take in Charleston County?
Uncontested: 3–6 months from filing. Contested with no trial: 6–12 months. Contested with a full evidentiary trial: 12–24+ months, depending on complexity, discovery disputes, and court scheduling.
Does my spouse have to be in Charleston or South Carolina when I file?
No. If you meet the SC residency requirement, you can file in Charleston County even if your spouse lives in another state or country. Out-of-state service is permissible and extends the response deadline to 30 days. 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. For any case involving real property, retirement accounts, children, or potential alimony, working with an attorney typically costs far less than fixing self-representation mistakes after the fact.
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 tell you what to file—but staff cannot give legal advice. South Carolina Legal Services (sclegal.org) provides free or reduced-cost assistance to qualifying low-income individuals. SC Bar Lawyer Referral Service (1-800-868-2284) 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.
Hall & Means, LLC represents clients throughout the Tri-County Lowcountry — Charleston, Berkeley, and Dorchester counties, served by the 9th and 1st Judicial Circuits — and on a case-by-case basis in surrounding counties. The legal framework discussed here applies statewide in South Carolina.
About the Author
Jessica Means is a founding attorney at Hall & Means, LLC and a leading family law advocate in Charleston. Selected to the South Carolina Super Lawyers Rising Stars list, she represents clients in divorce, custody, and family law matters — with a particular focus on complex financial cases, business asset distribution, and high-asset divorce. Jessica has served as a Guardian ad Litem since law school, giving her depth in cases involving children that complements her work as a litigator.