South Carolina Uncontested Divorce — Complaint and Final Decree Filing Packet

SOUTH CAROLINA UNCONTESTED DIVORCE — COMPLAINT AND FINAL DECREE FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency — S.C. Code Ann. § 20-3-30

☐ Plaintiff has resided in South Carolina for at least 1 year prior to filing; OR
☐ Defendant has resided in South Carolina for at least 1 year prior to filing (plaintiff nonresident); OR
☐ Both parties are South Carolina residents at commencement; plaintiff has resided in SC at least 3 months prior to filing.

Resident party: [____________________________] Date residency established: [__/__/____]

B. Grounds — S.C. Code Ann. § 20-3-10

Select one (only ONE is needed):

☐ (5) Continuous separation for one year without cohabitation (most common uncontested no-fault ground; no 90-day rule for purely separation-based cases per case law).
Date of physical separation: [__/__/____]

☐ (1) Adultery ☐ (2) Desertion for one year ☐ (3) Physical cruelty ☐ (4) Habitual drunkenness or use of narcotic drugs

C. Waiting Periods — S.C. Code Ann. § 20-3-80

☐ No reference may be had before 2 months from filing.
☐ No final decree before 3 months from filing of the Complaint.
☐ Earliest projected decree date: [__/__/____]

D. Venue — S.C. Code Ann. § 20-3-60

Filing in Family Court of [____________________________] County, South Carolina. Venue is proper because:
☐ Defendant resides in this county; OR
☐ Plaintiff resides in this county and Defendant is a nonresident / cannot be found after due diligence; OR
☐ Parties last resided together as spouses in this county (and Plaintiff is a SC resident).

E. Required Forms (SC Judicial Branch SRL Simple Divorce Packet)

PART 2 — SUMMONS

STATE OF SOUTH CAROLINA — IN THE FAMILY COURT
County of [____________________________] [____]th Judicial Circuit Case No.: [______________]

SUMMONS (Divorce)

TO THE DEFENDANT ABOVE-NAMED:

You are summoned and required to answer the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer upon the undersigned at the address shown below, within thirty (30) days after service hereof, exclusive of the day of service. If you fail to answer within thirty days, judgment by default may be rendered against you for the relief demanded in the Complaint.

Dated: [__/__/____]

Plaintiff (Pro Se) / Attorney: [____________________________]
Address: [______________________________________] Phone: [______________]
SC Bar No. (if attorney): [____________]

PART 3 — COMPLAINT FOR DIVORCE

STATE OF SOUTH CAROLINA — IN THE FAMILY COURT
County of [____________________________] [____]th Judicial Circuit Case No.: [______________]

COMPLAINT FOR DIVORCE

Plaintiff, complaining of Defendant, alleges:

1. Parties.

2. Residency. ☐ Plaintiff has been a resident of South Carolina for at least one year prior to commencement; OR ☐ Defendant has been a resident of South Carolina for at least one year; OR ☐ Both parties are South Carolina residents and Plaintiff has resided in South Carolina at least three months. S.C. Code Ann. § 20-3-30.

3. Jurisdiction and Venue. This Court has jurisdiction over the subject matter and the parties. Venue is proper under S.C. Code Ann. § 20-3-60.

4. Marriage. The parties were lawfully married on [__/__/____] at [______________________, ____________].

5. Separation. The parties have continuously lived separate and apart without cohabitation since [__/__/____], a period in excess of one (1) year prior to the filing of this Complaint. Plaintiff seeks a divorce on the ground of one-year continuous separation pursuant to S.C. Code Ann. § 20-3-10(5).

6. Children.

☐ No children were born of the marriage and Plaintiff is not pregnant.
☐ The parties have [____] minor child(ren) of the marriage:

7. UCCJEA (if children). ☐ A separate UCCJEA Affidavit is filed pursuant to S.C. Code Ann. § 63-15-330.

8. Property and Debts. The parties have entered into / will enter into a written Marital Settlement Agreement disposing of all marital property and debts. S.C. Code Ann. § 20-3-620.

9. Alimony. ☐ Neither party seeks alimony. ☐ Alimony is addressed in the Marital Settlement Agreement. S.C. Code Ann. § 20-3-130.

10. Attorney's Fees. ☐ Each party shall bear their own attorney's fees and costs.

11. Name Change. ☐ Plaintiff requests restoration of the prior legal name [____________________________] pursuant to S.C. Code Ann. § 20-3-180.

12. No Collusion. This action is not brought by reason of collusion or with the assent of the Defendant for the purpose of obtaining a divorce. S.C. Code Ann. § 20-3-20.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays this Honorable Court:

a. Grant a divorce a vinculo matrimonii on the ground of one-year continuous separation;
b. Approve and incorporate the Marital Settlement Agreement;
c. Equitably apportion marital property and debts as agreed;
d. Enter orders as to children (custody, visitation, support) consistent with the Agreement, if applicable;
e. ☐ Restore Plaintiff's former name;
f. Grant such other and further relief as is just and equitable.

VERIFICATION

I, [____________________________], being duly sworn, depose and say that I am the Plaintiff in this action; that the foregoing Complaint has been read by me, and the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those, I believe it to be true.

Plaintiff Signature: [____________________________] Date: [__/__/____]

SWORN to and subscribed before me this [____] day of [______________], 20[____].

Notary Public: [____________________________] My Commission Expires: [__/__/____]

PART 4 — SERVICE OF PROCESS

Service must be made by ONE of the following (SCRCP 4):

☐ (A) Personal Service. Sheriff or person 18+ not a party serves Summons, Complaint, Financial Declaration, and SCCA 400; files Affidavit of Service.

☐ (B) Acceptance of Service. Defendant signs Acceptance of Service before a notary; Plaintiff files signed Acceptance.

☐ (C) Certified Mail, Restricted Delivery, Return Receipt Requested. Plaintiff files Affidavit of Mailing with green card signed by Defendant.

☐ (D) Sheriff's Service. Sheriff in county of Defendant's residence completes Affidavit of Service.

☐ (E) Service by Publication (only with court order; Defendant cannot be located after due diligence).

Acceptance of Service (Sample)

I, [____________________________], the Defendant in the above-captioned action, acknowledge receipt of the Summons, Complaint, Financial Declaration, and Family Court Cover Sheet, and accept service of the same. I do not, by this Acceptance, waive any objection to the merits of the action.

Date: [__/__/____] Signature: [____________________________]
Notary: [____________________________] Commission Expires: [__/__/____]

PART 5 — FINANCIAL DECLARATION (SCCA 430)

Each party MUST file a Financial Declaration. Summary (full SCCA 430 to be completed):

Sworn under penalty of perjury.

Plaintiff: [____________________________] Date: [__/__/____]
Defendant: [____________________________] Date: [__/__/____]

PART 6 — MARITAL SETTLEMENT AGREEMENT

This Agreement is made between [PLAINTIFF] and [DEFENDANT] for the purposes of resolving all marital issues incident to divorce under South Carolina law.

A. Real Property (S.C. Code § 20-3-620)

Marital residence at [______________________________________]:
☐ Awarded to Plaintiff (with refinance/deed by [__/__/____]).
☐ Awarded to Defendant (with refinance/deed by [__/__/____]).
☐ Sold; net proceeds split Plaintiff [____]% / Defendant [____]%.

B. Personal Property and Vehicles

C. Financial Accounts and Retirement

☐ Each party retains accounts in their sole name except as listed.
☐ Retirement division (QDRO required if applicable): [________________________]

D. Debts

Each party shall assume sole responsibility for the debts listed beside their name and shall indemnify and hold the other harmless.

E. Alimony (S.C. Code § 20-3-130)

☐ Both parties knowingly waive alimony, present and future.
☐ Periodic alimony of $[________] per month, [permanent / rehabilitative / lump-sum] from [__/__/____].

F. Tax Filings

☐ Last joint return for tax year [______]; refund/liability allocation: [____________].

I have read this Agreement, understand its terms, had the opportunity to consult counsel, and execute it freely. I request the Family Court to approve and incorporate (but not merge) this Agreement into the Final Decree of Divorce.

Plaintiff: [____________________________] Date: [__/__/____]
Defendant: [____________________________] Date: [__/__/____]
Notarized: ☐ Yes

PART 7 — CHILDREN: CUSTODY, VISITATION, AND CHILD SUPPORT

A. Legal and Physical Custody (S.C. Code § 63-15-230)

☐ Joint legal custody; primary physical custody with [______________].
☐ Sole legal and physical to [______________].

B. Visitation Schedule

Standard: [________________________________________________]
Holidays / summer: [________________________________________________]

C. Child Support (South Carolina Child Support Guidelines, SCCA 446/447)

☐ Income withholding ordered (S.C. Code § 63-17-1410 et seq.).
☐ Health insurance to be maintained by: [______________].

PART 8 — AFFIDAVITS FOR FINAL HEARING

A. Plaintiff's Affidavit

State of South Carolina, County of [______________]

I, [____________________________], being duly sworn, depose and say:

1. I am the Plaintiff and have personal knowledge of the facts.
2. I have been a resident of South Carolina for [____] year(s) preceding filing.
3. The parties were married on [__/__/____] and have continuously lived separate and apart since [__/__/____], a period in excess of one year.
4. There has been no cohabitation since separation.
5. The Marital Settlement Agreement reflects the parties' free and voluntary agreement.
6. There is no reasonable prospect of reconciliation.

Plaintiff: [____________________________] Sworn before me: [__/__/____] Notary: [____________________________]

B. Corroborating Witness Affidavit (Required for separation-based ground)

State of South Carolina, County of [______________]

I, [____________________________], being duly sworn, depose and say:

1. I am over 18 and not a party to this action.
2. I have personal knowledge that [PLAINTIFF] and [DEFENDANT] have lived separate and apart without cohabitation continuously since [__/__/____].
3. I will appear at the final hearing if required.

Witness: [____________________________] Address: [______________________]
Sworn before me: [__/__/____] Notary: [____________________________]

PART 9 — FINAL DECREE OF DIVORCE

STATE OF SOUTH CAROLINA — IN THE FAMILY COURT
County of [______________] [____]th Judicial Circuit Case No.: [______________]

FINAL DECREE OF DIVORCE

THIS MATTER came before the Court on Plaintiff's Complaint for Divorce. Plaintiff appeared [pro se / by counsel]. Defendant [appeared / did not appear and is in default / consented]. The Court, having considered the pleadings, Financial Declarations, the Marital Settlement Agreement, the testimony of Plaintiff and corroborating witness, and being fully advised, makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The parties were lawfully married on [__/__/____].
2. [Plaintiff/Defendant] has met the residency requirements of S.C. Code Ann. § 20-3-30.
3. The parties have lived continuously separate and apart without cohabitation since [__/__/____], in excess of one year. S.C. Code Ann. § 20-3-10(5).
4. At least three months have elapsed since the filing of the Complaint. S.C. Code Ann. § 20-3-80.
5. There has been no collusion. S.C. Code Ann. § 20-3-20.
6. The Marital Settlement Agreement is fair, reasonable, and equitable and is approved.
7. ☐ The Court has jurisdiction over the minor children, and the custody/visitation/support provisions serve the children's best interests.

IT IS ORDERED, ADJUDGED AND DECREED:

A. The marriage between [PLAINTIFF] and [DEFENDANT] is DISSOLVED, and an absolute divorce a vinculo matrimonii is GRANTED to Plaintiff on the ground of one-year continuous separation.

B. The Marital Settlement Agreement dated [__/__/____] is APPROVED, ADOPTED, and INCORPORATED (but not merged) into this Decree, and its terms are made the Order of this Court.

C. ☐ Custody, visitation, and child support are ORDERED consistent with the Agreement and the South Carolina Child Support Guidelines. Income withholding ordered.

D. ☐ Plaintiff's former legal name [____________________________] is RESTORED. S.C. Code Ann. § 20-3-180.

E. The Court retains jurisdiction for enforcement and modification as permitted by law.

DATED: [__/__/____]

________________________________
Family Court Judge

PART 10 — FILING PROCEDURE CHECKLIST

☐ Confirm residency: 1 year (single resident) or 3 months (both SC residents).
☐ Confirm separation: 1 year continuous, no cohabitation (separation ground).
☐ Prepare Summons, Complaint, Financial Declaration, Cover Sheet, Certificate of Exemption.
☐ E-file via SC Judicial Branch e-filing (or file in person with Clerk of Court — Family Court).
☐ Pay filing fee (approx. $150; check current schedule). Apply for waiver if eligible.
☐ Serve Defendant by (a) personal service, (b) acceptance of service, (c) certified mail RRR, or (d) sheriff service.
☐ File Affidavit / Acceptance of Service.
☐ Wait minimum 2 months before reference; minimum 3 months before final hearing (§ 20-3-80).
☐ File Marital Settlement Agreement and proposed Final Decree.
☐ File Plaintiff's Affidavit + Corroborating Witness Affidavit (separation ground).
☐ File Request for Hearing; receive hearing date.
☐ Appear at Final Hearing — Plaintiff and corroborating witness MUST testify in person.
☐ Submit signed Decree to Judge; obtain certified copies after entry.
☐ File Report of Divorce with SC DHEC Vital Records.

PART 11 — SOURCES AND REFERENCES

• South Carolina Judicial Branch — SRL Simple Divorce Packets: https://www.sccourts.org/resources/general-public/srl-simple-divorce-packets/
• S.C. Code Title 20, Chapter 3 (Divorce); Title 63 (S.C. Children's Code).
• SCCA forms (400, 430, 446, 447, 461 series, etc.).
• SC Rules of Family Court; SCRCP.
• South Carolina Child Support Guidelines (current schedule).