Venue (the county where you file your complaint) is determined by the residence of either you or your spouse. Section 20-3-60 of the Code of Laws of South Carolina provides as follows:

Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides.

South Carolina law provides for both no-fault and fault-based divorces. Because fault does not affect the financial outcome of a divorce, most divorces are filed on the basis of no-fault (continuous separation for one year or more).

The South Carolina Constitution provides:

Divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous separation for a period of at least one year or habitual drunkenness.

After you determine the correct county of venue, you begin your divorce action by completing and signing your divorce forms, and filing the originals with the court clerk. Some of the required forms to begin your case include: Family Court Coversheet; Certificate of Exemption; Summons for Divorce; Complaint for Divorce; and Financial Declaration. The South Carolina No Fault Divorce Package is available for download, with instructions. You are not required to hire an attorney for your case. However, if your case involves complex property issues, you may wish to consider retaining a private lawyer. If you do not hire an attorney, you are referred to as a “Pro Se” litigant. Each year, thousands of South Carolina residents get a divorce without hiring a lawyer.