Family · Updated Oct 2026 · South Carolina

Served with divorce papers in South Carolina: what to do

Being served starts a deadline to respond, and it is printed on the summons. If you miss it, the court can grant the divorce and decide property, support and custody without hearing from you. You usually can't stop a divorce just by refusing, but you can respond, agree or disagree with what your spouse asks for, and make your own requests.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Your plan for South Carolina

Do now

  1. If you answered “Yes” to “Are you afraid of your spouse, or did the papers come with a protective order?”

    If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233 (text START to 88788).

    Why: Safety comes first.

  2. Read every page. Write down the date you were served and the response deadline on the summons.

    Why: Missing the deadline can lead to a default judgment against you.

  3. Look for automatic or temporary orders (for example, not to sell property or move the children). Follow them.

    Why: Breaking a court order can be contempt of court.

  4. If you answered “Yes” to “Are you afraid of your spouse, or did the papers come with a protective order?”

    If a protective order came with the papers, obey it exactly, even if you think it is wrong. Ask about the hearing date to contest it.

    Why: Violating a protective order is a crime.

This week

  1. Get the response (answer) form from the court's self-help center or the clerk, fill it in, file it and send a copy to your spouse or their lawyer as the rules require.

    Why: A filed response protects your right to be heard.

  2. If you answered “Partly / No” to “Do you agree with what your spouse is asking for?”

    If you want something different (custody, support, how property is divided), ask whether you need to file a counter-petition along with your answer.

    Why: In many courts you can only get what you formally ask for.

  3. If you answered “Yes” to “Do you agree with what your spouse is asking for?”

    If you agree, you may be able to sign an agreement or consent instead of a contested response. Read it fully before signing and ask legal aid to review it.

    Why: Once signed and approved by the court, an agreement is hard to undo.

  4. Gather your financial records (pay stubs, tax returns, bank and retirement statements, debts).

    Why: Both sides usually must exchange financial disclosures.

  5. Ask the clerk for a fee waiver if you can't afford the filing fee for your response.

    Why: Many states charge a fee to respond, and you can ask to have it waived.

If it's not resolved

  1. Go to every hearing and mediation. Keep copies of everything you file.

    Why: Missing a hearing can mean decisions are made without you.

  2. If a default was entered because you missed the deadline, act quickly: ask the clerk or legal aid about a motion to set aside the default.

    Why: Courts allow this only for limited reasons and within short time limits.

  3. If you answered “Yes” to “Do you have children under 18 together?”

    Keep paying the bills you normally pay and keep up your time with the children unless a court order says otherwise.

    Why: Judges look at how each parent acts while the case is open.

Deadlines

Deadline to file your response (answer)

General rule: Printed on the summons; it varies by state and by how you were served

Waiting period before the divorce can be final

General rule: see state; if none is shown, ask the court clerk

In South Carolina:

A no-fault divorce requires 1 year of continuous separation (living apart).

Law: S.C. Code 20-3-10(5) · checked Oct 2026 · Official source

Key facts for South Carolina

RobinClaim

How property is divided
Equitable distribution (not a community property state): the court divides marital property in a way it finds fair, which is not always 50/50. Law: IRS Pub. 555 (list of community property states) · Official source

checked Oct 2026

Divorce Law Map

Residency before you can file
1 year (with exceptions)
Filing fee
$150

Divorce Law Map: South Carolina · checked Oct 2026

Documents to gather

  • The summons, petition and every page you were served
  • Any temporary or protective order
  • Pay stubs and last 3 years of tax returns
  • Bank, retirement and credit card statements
  • Mortgage, lease, deeds and car titles
  • Records of time with the children and child expenses
  • Texts or emails with your spouse about money and the children

Where to go

Costs

Many states charge a fee to file a response; you can ask the clerk for a fee waiver if you can't afford it. Ignoring the papers costs nothing up front but can cost much more if the court decides without you.

Talk to a lawyer if

  • Your spouse has a lawyer
  • You disagree about custody or support
  • There is a protective order or criminal charge
  • There is a house, pension, business or large debt to divide
  • You missed the deadline and a default was entered
  • The case was filed in another state or country

Free help

Free legal aid for people with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help), LawHelp.org (lawhelp.org) or USA.gov (usa.gov/legal-aid). Most state courts run a free self-help center (often called Family Law Facilitator or Self-Help Center) at the courthouse or online; ask the court clerk. Many state bar associations run a lawyer referral service with low-cost first consultations.

Guides for your state

Guides for every state

Questions

What is the deadline to file your response (answer)?

Printed on the summons; it varies by state and by how you were served

What is the waiting period before the divorce can be final in South Carolina?

A no-fault divorce requires 1 year of continuous separation (living apart). (S.C. Code 20-3-10(5))

When should I talk to a lawyer?

Your spouse has a lawyer; You disagree about custody or support; There is a protective order or criminal charge; There is a house, pension, business or large debt to divide; You missed the deadline and a default was entered; The case was filed in another state or country.

How much does it cost?

Many states charge a fee to file a response; you can ask the clerk for a fee waiver if you can't afford it. Ignoring the papers costs nothing up front but can cost much more if the court decides without you.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.