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How Much Does Divorce Cost in South Carolina (2026)

3 verified sources|Last verified 2026-04-04

What you need to know

Divorce in South Carolina costs between $1,855 and $24,010 or more depending on whether both parties agree on the terms. The single biggest factor is whether your divorce is contested or uncontested — an uncontested divorce with no children and minimal assets can be finalized for a few thousand dollars, while a contested case with custody disputes and complex property division can run well into five figures.

South Carolina is an equitable distribution state under S.C. Code § 20-3-10, which means marital property is divided fairly — but not necessarily equally. The only no-fault ground for divorce requires living separate and apart for a full year — one of the longest mandatory separation periods in the country. South Carolina allows both no-fault and fault-based grounds for divorce. There is no mandatory waiting period after filing. A 1 year residency requirement applies before filing. Additionally, if both spouses reside in SC the residency requirement drops to just 3 months, but non-resident plaintiffs must meet the full 1-year requirement.

Attorney fees are typically the largest expense. Family law attorneys nationwide charge a median rate of $344 per hour (Clio Legal Trends Report, 2025), with South Carolina attorneys averaging $250 per hour. Rates in Charleston run $300-425/hour, while attorneys in smaller cities charge $150-250/hour (South Carolina Code Title 20, Chapter 3, 2025). An uncontested divorce may require 10-15 hours of attorney time, while a contested divorce can require 35-50 hours or more. If you're comparing costs across states, see our Alabama divorce cost calculator or Arizona divorce cost calculator — costs vary significantly by state due to filing fees, attorney rates, and property division laws. For financial planning during this transition, our home affordability calculator can help you understand what you can afford on a single income.

South Carolina divorce cost breakdown

Every South Carolina divorce has cost components that vary based on your specific situation. Here's how the numbers break down in South Carolina.

**Court filing fees: $150.** Flat $150 filing fee statewide across all 46 counties. Additional costs for service of process ($50-$125) and parenting classes ($50-$150 if children involved). This is a one-time cost paid by the petitioner (the spouse who files). The respondent may pay a separate answer fee. If you cannot afford the filing fee, you can apply for a fee waiver — most South Carolina courts grant waivers for households below 125% of the federal poverty level.

**Attorney fees: the biggest variable.** At the South Carolina average of $250 per hour (Clio Legal Trends Report 2025), costs depend heavily on case complexity. In Charleston, family law attorneys charge $300-425/hour, while attorneys in smaller cities and rural areas charge $150-250/hour. An uncontested divorce may require 10 hours of attorney time ($2500-$3250), while a contested divorce can require 43+ hours ($6988-$13975+). Most South Carolina attorneys require an upfront retainer of $2000-$3750. For help understanding how attorney costs affect your post-divorce finances, try our after-tax income calculator.

**Mediation costs: $1600-$5625.** A trained mediator in South Carolina typically costs $200-$375 per hour, and most divorces settle in 1-3 full-day sessions. Many South Carolina courts encourage or require mediation before trial. Compared to a full trial — which can cost $15,000-$30,000+ in attorney time alone — mediation saves significant money.

**Child-related costs: $2,500-$5,000+.** Cases involving minor children require a parenting plan covering custody, visitation, and child support. If parents cannot agree, the court may order a custody evaluation ($2,500-$5,000) or appoint an attorney to represent the child's interests. South Carolina courts use the "best interest of the child" standard when making custody determinations. If you're planning for life after divorce, our home affordability calculator can help you understand what you can afford on a single income.

What drives divorce costs in South Carolina

**1. Contested vs. uncontested — the single biggest factor.** An uncontested divorce in South Carolina requires roughly 10 hours of attorney time, costing $1625-$3250 in legal fees. A contested divorce requires 43+ hours — $6988-$13975+ — because every disputed issue requires negotiation, discovery, and potentially trial preparation.

**2. Children.** Divorces with minor children cost more because they require a parenting plan, child support calculations using South Carolina's guidelines, and potentially a custody evaluation. South Carolina courts use the "best interest of the child" standard, and judges may order psychological evaluations or appoint an attorney for the child.

**3. Marital property complexity.** **Equitable distribution.** South Carolina divides property equitably — fairly, but not necessarily equally — under S.C. Code § 20-3-10. Judges consider factors like marriage length, each spouse's earning capacity, and contributions to the marriage. A couple with a home and retirement accounts faces a straightforward division. A couple with a business, multiple properties, or stock options may need forensic accountants ($5,000-$15,000) and business valuators ($3,000-$10,000). For insight into how property division affects your future finances, see our capital gains tax calculator — selling divided assets may trigger tax liability.

**4. Location within South Carolina.** Attorney rates in Charleston ($300-425/hour) are significantly higher than rural areas ($150-250/hour). The same divorce can cost thousands more depending on where you file.

**5. Attorney experience level.** A board-certified family law specialist in South Carolina charges $300-425/hour but may resolve complex issues faster. A newer attorney charges $150-250/hour but may require more hours. Balance cost per hour against total hours needed.

**6. Willingness to negotiate.** Couples who communicate directly or through mediators spend less on attorney time. Every issue resolved outside of court saves 5-10 hours of billable work at South Carolina's average rate of $250/hour — that's $1250-$2500 per issue.

**7. Fault vs. no-fault grounds.** South Carolina allows both fault and no-fault divorce. Filing on fault grounds (such as adultery, cruelty, or abandonment) typically increases costs because it requires proving allegations — adding discovery, depositions, and potentially expert witnesses. No-fault filings are faster and cheaper in most cases.

How to reduce divorce costs in South Carolina

You have more control over your divorce costs than you might think. Here's how South Carolina residents save.

**Pursue an uncontested divorce.** If you and your spouse can agree on property division, custody, and support, an uncontested divorce in South Carolina costs roughly $1775-$3400 total. Compare that to $7138-$14125+ for a contested case. The difference is entirely in attorney hours — 10 hours vs. 43+ hours at $250/hour. If you're comparing costs across states, see our divorce calculators for Georgia and North Carolina.

**Use mediation before litigation.** Even though South Carolina doesn't mandate it, mediation resolves the majority of disputes at a fraction of the trial cost. A full mediation in South Carolina typically costs $1600-$5625 total, while a trial can cost $15,000-$30,000+ in attorney fees alone. Many South Carolina mediators also offer sliding-scale rates.

**Consider unbundled legal services.** Many South Carolina attorneys offer "limited scope representation" where they handle specific tasks (reviewing agreements, appearing at hearings) rather than the full case. This can reduce total legal costs by 40-60% for relatively simple divorces.

**Organize your financial documents early.** Attorney time spent gathering bank statements, tax returns, retirement account statements, and property deeds is billable time you could save by having these ready before your first meeting. Our savings goal calculator can help you plan for post-divorce financial goals.

**Apply for a fee waiver.** If your household income is at or below 125% of the federal poverty level, you may qualify for a waiver of the $150 filing fee in South Carolina. The application is available from your county clerk's office. Learn more about how we verify our data and the sources we use for these estimates.

State-specific note

South Carolina is an equitable distribution state with no mandatory waiting period. Under S.C. Code § 20-3-10, marital property is divided fairly — but not necessarily equally. The only no-fault ground for divorce requires living separate and apart for a full year — one of the longest mandatory separation periods in the country. If both spouses reside in SC the residency requirement drops to just 3 months, but non-resident plaintiffs must meet the full 1-year requirement. A corroborating witness must testify in Family Court that the parties actually lived separately for the required period — self-attestation is not sufficient. South Carolina allows both no-fault and fault-based grounds for divorce. Filing fees are $150 — flat $150 filing fee statewide across all 46 counties. additional costs for service of process ($50-$125) and parenting classes ($50-$150 if children involved). A 1 year residency requirement applies before filing.

How we calculate this

This calculator estimates total divorce costs in South Carolina by combining four cost components: the court filing fee, estimated attorney fees based on case complexity, mediation or court costs, and child-related expenses. Filing fees are sourced from the South Carolina Judicial Branch and verified against individual county clerk fee schedules. Attorney rates reflect the national family law median of $344 per hour and the South Carolina average of $250 per hour from the Clio Legal Trends Report 2025 (2025), cross-referenced with South Carolina Code Title 20, Chapter 3 data.

Attorney hours are estimated based on case complexity: 10 hours for uncontested cases where both parties agree on all terms, 40 hours for contested cases requiring negotiation, discovery, or trial preparation, and 25 hours for cases where the outcome is uncertain. The calculator applies range multipliers (0.7x for low, 1.4x for high) to account for variation in attorney rates and case complexity across South Carolina, particularly the cost difference between Charleston metro and rural areas. These multipliers were calibrated against published fee ranges from South Carolina family law firms.

Key takeaways

  • An uncontested divorce in South Carolina with no children can cost as little as $1,855-9,310 total, including the $150 filing fee and limited attorney time.
  • Contested divorces typically cost $9,205-18,410 or more, with attorney hours being the primary driver — contested cases require 4x more legal work.
  • South Carolina has no mandatory waiting period.
  • Filing fees are $150. Flat $150 filing fee statewide across all 46 counties. Additional costs for service of process ($50-$125) and parenting classes ($50-$150 if children involved).
Step 1 of 3

What type of divorce are you considering?

This is the biggest factor in total cost.

Divorce type

Uncontested means you and your spouse agree on all major issues.

Frequently Asked Questions

What's the average cost of divorce in South Carolina?
The average uncontested divorce in South Carolina costs $2775-$3400 total. Contested divorces range from $7138 to $14125+. The filing fee alone is $150. Attorney rates in South Carolina average $250/hour ($300-425/hour in Charleston, $150-250/hour in rural areas).
How does equitable distribution work in South Carolina?
South Carolina uses equitable distribution under S.C. Code § 20-3-10, meaning marital property is divided fairly — but not necessarily equally. The court considers factors like marriage length, each spouse's earning capacity, contributions to the marriage, and future financial needs. This gives judges more flexibility than community property states but can make outcomes less predictable.
Should I file fault or no-fault divorce in South Carolina?
South Carolina allows both fault and no-fault divorce. No-fault (citing irreconcilable differences or similar grounds) is faster and cheaper in most cases. Fault-based grounds (adultery, cruelty, abandonment, etc.) require proving allegations, which adds discovery, depositions, and attorney time. However, fault findings can sometimes influence property division or alimony awards. Consult an attorney about which approach fits your situation.
How quickly can I get divorced in South Carolina?
South Carolina has no mandatory waiting period after filing, making it one of the faster states for divorce processing. An uncontested divorce can potentially be finalized in as little as 30-60 days if both parties agree on all terms. However, the 1 year residency requirement must be met before filing.
How much does a divorce lawyer cost in South Carolina?
Family law attorneys in South Carolina charge an average of $250 per hour. In Charleston, rates range from $300-425/hour. In rural South Carolina, rates are $150-250/hour. Most attorneys require an upfront retainer of $2000-$3750. For an uncontested case, total attorney fees typically run $2500-$3250.

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