Serving divorce papers in South Carolina

After you file in South Carolina, your spouse must get the papers. This page covers who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

Checked against official sources: Oct 24, 2026

The short answer

If you were served: Time to respond: 30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default. If you are filing: Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server.

Accept or waive service
Possible: your spouse signs a form
Law
SC Simple Divorce Packet instructions (SCCA 400P SRL-DIV, 06/2024); SCRCP 12

Were you served in South Carolina?

Enter the day you got the papers (the summons and the petition). We show the deadline to answer.

The day the papers were handed to you or you signed for them.

Enter the date you were servedYour deadline appears when you enter the date.

How papers are served in South Carolina

  • Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server.
  • Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

Law: SC Simple Divorce Packet instructions (SCCA 400P SRL-DIV, 06/2024); SCRCP 12

Deadline to respond and default

30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

Serving your spouse in South Carolina, step by step

  1. File your papers first

    File with the Family Court in the county where you or your spouse lives. Service comes after filing.

  2. Serve the papers

    Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server.

  3. Or have your spouse sign

    Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default.

  6. If there is no response

    30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

Questions about serving divorce papers in South Carolina

How do you serve divorce papers in South Carolina?

Serve your spouse by certified mail (restricted delivery, return receipt), UPS/FedEx with signature, the sheriff, or a private process server. Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

Can my spouse accept or waive service in South Carolina?

Your spouse can also sign an Acceptance of Service (SCCA 400.03 SRL-DIV).

How long does my spouse have to respond in South Carolina?

30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

What if my spouse doesn't respond in South Carolina?

30 days after service; the court packet tells you to wait 35 days before filing an Affidavit of Default

More about divorce in South Carolina

Serving papers in nearby states

Sources