South Carolina Marital Settlement (Divorce) Agreement Form [PDF]

The South Carolina marital settlement (divorce) agreement is a legal document spouses use during divorce proceedings. This agreement allows spouses to clearly outline and agree on their rights and responsibilities concerning key issues like alimony, child support, and property division.

It simplifies the decision-making process regarding the divorce matter and helps spouses avoid having the court decide on these matters for them. If spouses cannot reach a mutual agreement, the court will have to make decisions based on state law.

In the following sections, we will clarify the purpose of the marital settlement agreement and how it fits into the divorce process. Let’s start!

Divorce Forms

Divorce forms in South Carolina are filed with the Family Court in the county where either spouse lives. The filing fee is $150 and once filed, the process generally takes at least 90 days if the divorce is uncontested. If contested, it can take 12 months or longer, depending on court schedules and the complexity of the case.

Divorce Laws and Legal Requirements in South Carolina

In South Carolina, divorce laws and legal requirements are governed by Title 20—Domestic Relations, Chapter 3 of the South Carolina Code of Laws. This section covers all the essential aspects of divorce that spouses will address during the divorce process.

Let's take a closer look at these regulations:

How to File for a Divorce in South Carolina in 8 Steps

Use our step-by-step guide to file for divorce in South Carolina and ensure a smooth and effective process.

#1. Fill Out the Divorce Form

The first step in the divorce process in South Carolina is to complete a Complaint for Divorce. This is an initial document outlining personal information about the filing party (plaintiff) and non-filing party (defendant), including the date of marriage, date of separation, information about children, and other relevant details.

Make sure to include any other request, such as the request for a name change, in your complaint. Take your time to fill out the Complaint accurately so the court can decide on your request and avoid delays later in the process.

#2. Fill Out Additional Court Forms

Depending on your situation, you might need to fill out additional forms, such as:

• Summons for Divorce—Notify your spouse of the divorce action and their right to respond

• Family Court Cover Sheet—Provides basic information about your case and is required for filing

• Financial Declaration Form—Required if you have minor children. This form details your financial situation and needs to be notarized

• Marital Settlement Agreement—Outlines how you and your spouse will divide assets and debts and handle non-financial matters. You can use a marital settlement agreement template tailored to fit your circumstances

• Parenting Plan—Details how you will manage children's care and responsibilities, such as custody arrangements and visitation schedule

#3. File the Forms With the Court

Once you’ve completed all the required forms, make two copies of each and submit them to the family court clerk. The clerk will process your paperwork, assign a case number, and return copies to you. When submitting a divorce form, you’ll need to pay a filing fee of $150.

#4. Serve the Forms to the Spouse

This step is crucial because it ensures that your spouse is officially notified of the divorce action and has the opportunity to respond. You can serve the documents in several ways.

You can send the divorce documents by certified U.S. mail with a return receipt requested. The return receipt card, which needs to be signed by your spouse, must be kept as evidence of service. Once you receive the signed receipt, you need to file it with the court along with an Affidavit of Service by Mailing form.

Personal service involves delivering the documents directly to your spouse. If your spouse agrees, they can sign an Acceptance of Service form acknowledging receipt of the documents—a form that must be filed with the court to prove that your spouse received the papers.

Another option is to hire the sheriff’s office in the county where your spouse resides to serve the papers. The sheriff will deliver the documents and then complete an Affidavit of Service, which confirms that the service was carried out. This form must be filed with the court. The same process applies if you decide to hire a private process server.

You can also use a commercial delivery service such as UPS or FedEx. The delivery service will provide a record of delivery, which you must attach to an Affidavit of Service by Mailing form.

#5. Wait for the Defendant's Answer

Once you have served your spouse with the divorce papers, they have 35 days to file the Defendant’s Answer. If your spouse agrees with all the terms outlined in the divorce complaint, the divorce process will remain uncontested. An uncontested divorce means that both parties are in agreement on all terms, so your spouse will file an Answer that reflects their agreement.

If your spouse doesn't agree with one or more terms of the divorce, the case becomes contested. A contested divorce means that there are unresolved issues that need to be addressed, which could be done through negotiations, mediation, or even a court trial where both parties present their case.

If your spouse fails to respond within a 35-day period, you may request a default judgment so the court may grant the divorce based on the terms you proposed in the complaint.

#6. Request a Hearing

After your spouse has responded to the divorce complaint, the next step is to request a court hearing. To do that, you should file a Request for Hearing form with the court. Once you submit this form, the court clerk will review it, assign a date for your hearing, and mail you a Notice of Hearing, which includes the date, time, and location of your hearing.

The next step is to ensure that your spouse receives the Notice of Hearing at least ten days before the scheduled date so they can prepare adequately for the hearing. Keep a record of how and when you served this notice, as you may need to prove this in court.

#7. Attend the Hearing

Before the hearing, gather all necessary documents, including the Final Order of Divorce and the Report of Divorce or Annulment of Marriage. These documents outline the terms of your divorce and confirm that all procedural requirements have been met.

At the hearing, you will have the chance to explain your case to the judge, which includes confirming that both parties have agreed to the terms of the divorce (if it’s uncontested) and presenting any evidence or witnesses as needed.

If everything's in order and there are no disputes or issues, the judge will grant the divorce and sign the Final Order of Divorce, which officially dissolves the marriage. The judge may ask you to complete additional forms, such as the Judgment in a Family Court Case form, so make sure to complete and submit them promptly.

#8. Change Your Name

As previously stated, you can include a name change request in your complaint so the judge can approve this request as part of the final divorce decree. Once the divorce is finalized, update your name on all legal documents and records, such as your driver’s license, social security card, passport, and bank accounts.