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Uncontested Divorce in Columbia, SC

The fastest and most affordable way to end a marriage in South Carolina — when both spouses can agree on the major issues. Here's exactly how it works in Richland County, what it costs, and where couples go wrong.

What Makes a Divorce "Uncontested" in South Carolina

An uncontested divorce means both spouses agree on every major issue before the case is filed: how property and debt will be divided, whether either spouse will pay support, and — if there are children — custody, visitation, and child support. There is nothing for a judge to decide except whether the agreement meets South Carolina's legal requirements.

Most uncontested divorces in Columbia proceed on South Carolina's no-fault ground: one year of continuous separation. The spouses must have lived in separate residences — not separate bedrooms — for a full year before the divorce can be granted. The clock starts the day one spouse moves out.

Requirements Before You Can File

• Residency: at least one spouse must have lived in South Carolina for one year (or both spouses for three months) before filing.
• Separation: one year living apart for a no-fault divorce. Fault grounds (adultery, habitual drunkenness or drug use, physical cruelty, desertion) do not require the one-year wait, but a genuinely uncontested case on fault grounds is rare.
• Agreement on everything: a single unresolved issue — one bank account, one holiday schedule — converts the case to contested.

The Uncontested Divorce Process in Richland County, Step by Step

Uncontested divorces for Columbia residents are filed with the Richland County Family Court at 1701 Main Street. The process is largely administrative when the paperwork is right:

• 1. Prepare and file. The filing spouse (plaintiff) submits a Summons and Complaint for Divorce with the filing fee (currently around $150).
• 2. Serve the other spouse. In a cooperative case, the responding spouse typically signs an Acceptance of Service — no process server at the door.
• 3. The response. The responding spouse files a simple Answer agreeing to the terms, or the case proceeds after the 30-day response window.
• 4. The settlement agreement. Both spouses sign a written agreement covering property, debt, support, and (if applicable) a parenting plan and child support calculated under the South Carolina guidelines.
• 5. Request the final hearing. Uncontested cases are usually scheduled within a few weeks once the file is complete.
• 6. The final hearing. South Carolina requires one brief court appearance — typically 15 to 30 minutes. The judge confirms the separation period, reviews the agreement for fairness, and signs the Final Decree of Divorce.

What an Uncontested Divorce Costs in Columbia

Attorney fees for a straightforward uncontested divorce in Columbia typically run $500 to $1,500 with no children, and $1,000 to $2,500 with children — plus the court filing fee. Compare that to contested cases, which commonly cost $5,000 to $15,000 and up. The savings come from what doesn't happen: no discovery, no depositions, no temporary hearings, no trial preparation.

Many Columbia attorneys handle uncontested divorces for a flat fee, so you know the full cost before you start.

How Long It Takes

After the one-year separation is complete, an uncontested divorce typically concludes in two to four months: filing, the 30-day response period, and the wait for a hearing date on the Richland County docket. South Carolina law also imposes a minimum of 90 days between filing and the final decree, but in practice the separation year absorbs that wait.

When "Uncontested" Falls Apart

The most common failure points: a spouse who agrees verbally but won't sign; retirement accounts nobody valued properly; a parenting plan that looked fine until school schedules met reality; and the family home — who keeps it, who refinances, and what happens if the refinance falls through. An attorney who has seen these agreements unravel drafts around the failure points in advance. That review is the cheapest insurance in family law.

Frequently Asked Questions

Do both spouses need their own attorney for an uncontested divorce?

No — but one attorney cannot represent both spouses. Typically one spouse's attorney prepares the documents and the other spouse either signs unrepresented or pays a small fee for an independent review. If there are meaningful assets or children, an independent review of the agreement is money well spent.

Can we live in the same house and still get a no-fault divorce in South Carolina?

No. South Carolina's one-year separation requires separate residences. Living in separate bedrooms under the same roof does not count, and the separation clock resets if the spouses resume living together.

Is there a way to divorce faster than one year in South Carolina?

Only on fault grounds — adultery, physical cruelty, habitual drunkenness or drug use, or desertion. Fault cases can be filed immediately and heard after the 90-day minimum, but proving fault usually makes a case contested, slower, and more expensive. For most agreeing couples, the separation year is the fastest real path.

What if we agree on everything except one issue?

The case is contested — but only as to that issue. Many Columbia couples resolve a single sticking point through a short mediation and return to the uncontested track, which is far cheaper than litigating everything.

Does an uncontested divorce cover child support?

Yes. Child support must be included and calculated under the South Carolina Child Support Guidelines. The judge will not approve an agreement that waives or materially undercuts guideline support without a compelling reason.