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Collaborative Divorce in South Carolina

How collaborative divorce works in South Carolina. Process, costs, and when it's the right choice. South Carolina follows equitable distribution.

Property Type

Equitable

Filing Fee

$150

Median Cost

$8,000–$32,000

Annual Divorces

16,000+

Understanding Collaborative Divorce in South Carolina

To file for divorce in South Carolina, you must meet South Carolina’s residency requirement of 3 months (resident), 12 months (one party). The filing fee is $150. There is no mandatory waiting period, which can expedite uncontested cases.

South Carolina allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Physical cruelty, Habitual drunkenness. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in South Carolina typically costs $8,000 and takes 2–4 months. Contested cases average $32,000 and can take 12–18 months or longer. The governing statute is S.C. Code §20-3-10.

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Common Questions

How long do you have to live in South Carolina to file for divorce?
South Carolina requires 3 months (resident), 12 months (one party) of residency before you can file for divorce. S.C. Code §20-3-10 governs the filing requirements.
Is South Carolina a community property or equitable distribution state?
South Carolina follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in South Carolina?
Filing fees in South Carolina range from $150. The median total cost is approximately $8,000 for uncontested divorces and $32,000 for contested cases.
How long does a divorce take in South Carolina?
South Carolina has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in South Carolina?
South Carolina uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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This page provides general information about collaborative divorce in South Carolina and is not legal advice. Verify current statutes with S.C. Code §20-3-10 or consult a licensed South Carolina attorney. Last reviewed March 2026.