SC Bar

Instructions for Completing the Self-Represented Simple Divorce
 
The following instructions will help you file for a simple divorce in South Carolina pro se, or, without an attorney. Pro se is a Latin term meaning “in person” or “on one’s own behalf.” As the courts see more people representing themselves, you may also hear the term Self-Represented Litigant instead of pro se. Either way, the benefits and harms are the same �" while the self represented person may not incur the attorney expense, the self-represented person does not have the expert guidance that a lawyer can provide.

Getting  a divorce is not an easy process, and divorce should not be taken lightly. If you are not sure whether you want to divorce, do not file these forms. You might want to consider an alternative such as mediation. When you are sure you want to file for a divorce, these forms will be available.  

If you are certain you want a divorce, the South Carolina Bar’s Self-Represented Simple Divorce Packet may be how you choose to start the process. The self-represented divorce is designed for people who meet all of the following:

• Are filing on the ground of One (1) Year Continuous Separation AND

• Have no marital property or have reached an agreement on how to divide the marital property AND

• Have no marital debt or have reached an agreement on how to divide the debt AND

• Have no children and none are expected OR

• Have minor children and have reached an agreement as to custody, visitation, and child support that meets the minimum requirements as set by the South Carolina Child Support Guidelines.

If you and your spouse have been living in separate dwellings for less than one (1) year or cannot agree on the issues surrounding minor children, property, and debt, then obtaining a divorce on your own is not recommended, and these forms are not right for you. You should instead get a lawyer. If you do not already know an attorney who can assist you, you may call the South Carolina Bar’s Lawyer Referral Service at 1-800-868-2284 and ask for a family law attorney in your county. Members of the South Carolina Bar’s Lawyer Referral Service have been in practice for more than 3 years, are in good standing, have provided proof of malpractice insurance, and have agreed to provide a 30-minute consultation for no more than $50.

If you and your spouse have been living in separate dwellings for more than one (1) year and can agree on all of the issues involving minor children, property and debt, the next step is to study all of the forms here. They all may be necessary to get your divorce. The name of each form can be found in the upper right hand corner and the form number in the bottom hand corner.

There are eleven (11) forms you should familiarize yourself with. These are the:

• Family Court Cover Sheet (SCCA 467 / SC Bar 467)

• Certificate of Exemption (SCBar SD-1)

• Summons (SCBar SD-2)

• Complaint for Divorce (SCBar SD-3)

• Financial Declaration (SCCA 430(a))

• Motion and Affidavit to proceed In Forma Pauperis (SCBar SD-4)

 

• Affidavit of Service (SCBar SD-5)

• Application and Affidavit of Default (SCBar SD-6)

• Request for Hearing (SCBar SD-7)

• Final Decree of Divorce (SCBar SD-8)

• Department of Health and Environmental Control (DHEC) Form 0692 (08/1997).

Though some of the information on each form will be the same, such as your name and address, each form has a different purpose and requires different information. It is important to pay close attention as to what information is required. If any necessary information is missing, you risk your case being dismissed or rescheduled and having to file with the Clerk of Court a second time, including paying the filing fee.

 

Now that you are familiar with the forms that make up the Self-Represented Simple Divorce packet, you can prepare them for filing. To start, print out the first five forms listed above: (1) the Family Court Cover Sheet (form SCCA 467 / SC Bar 467); (2) Certificate of Exemption (SCBar SD-1); (3) Summons (SCBar SD-2); (4) the Complaint for Divorce (SCBar SD-3); and (5) the Financial Declaration (SCCA 430(a)). On all five (5) forms, print your name in the space labeled “Plaintiff (self-represented).” Next, print your spouse’s name where it is labeled “Defendant.”  This section of all legal forms is called the caption.

 

Now, on the Family Court Cover Sheet, print your contact information in the appropriate spaces below the caption. This includes your name, your address, all telephone numbers, and if you have one, your email address. The form is already pre-marked to indicate that the nature of the action is a divorce. Sign and date the Cover Sheet at the bottom of the page, and set this page aside.

 

The next form is the Certificate of Exemption. One of these four categories must be checked in order to proceed with your self-represented divorce. Most Plaintiffs will find that the last option, “custody and visitation are not contested in this action,” will apply. Other options may apply to your situation if you have gone through mediation or are able to show “exceptional circumstances.” If you are not sure, proceeding on your own may not be the best option for you. If you and your spouse have come to an agreement about the custody and visitation schedule of your minor children, then check the box that indicates whether Plaintiff (you) or Defendant (your spouse) will have custody and give detailed information about the visitation schedule in the space provided. Sign and date the Certificate of Exemption and set this page aside.

 

The next form is the Summons. This form requires the Plaintiff’s (your) signature, address, telephone number, and date in the spaces provided at the bottom of the page.

 

The next form is the Complaint for Divorce. Print your name after the word “Plaintiff” under the caption at the beginning of the form. Print your county and city of residence at #1. Print your spouse’s county, city, and state of residence at #2. If you are unsure of your spouse’s current location, you may still obtain a divorce, but not by using these forms. Print the month; day and year you married your spouse at #4. At #5, #6, and #7, check the box which applies to the situation about your minor children, marital property, and marital debt. If you, the Plaintiff, are female and you want to go back to your maiden or former name, check the appropriate box at #8 and print your former name in the blank provided. If you, the plaintiff, are male, and are not sure of your wife’s wishes, leave #8 blank. Finally, in the prayer at the bottom of the page (bolded text), print the Wife’s former or maiden name at “II” if requesting to resume use of that name and “n/a” if not requesting use of a maiden or former name.

 

The last form is the Financial Declaration. This form asks questions pertaining to the finances of both you and your spouse. Fill out as much of this form as you possibly can.

 

The next step, which officially begins the divorce process, is to file the papers with the appropriate Clerk of Court, Family Court Division and to pay the filing fee. If you, the Plaintiff, are a resident of South Carolina, you can choose one of the three following courthouses:

a) where the parties last shared a residence, OR

b) where the defendant resides at the time of filing, OR

c) where the plaintiff resides if the defendant is a non-resident or cannot be found.

 

If you, the Plaintiff, are not a resident of South Carolina, the action must be filed in the county where the Defendant resides. Physical locations of all South Carolina Family Courts can be found in the blue pages of the telephone book or at http://www.sccourts.org/. The amount of the filing fee will depend on the county where you file. Please bring a cashier’s check or money order; do not bring cash.

 

If you feel you are unable to pay the fee, you may submit the form titled “Motion and Affidavit to Proceed In Forma Pauperis.” By filling out and signing this form, you are swearing under oath that you do not have the funds available to pay the filing fee.

After you determine which Family Court is the correct place to file, take the entire packet to the Clerk of Court in that county. There, you will be assigned a docket number. Record that number on all pages in the upper right corner where the docket number is requested, and make two copies.

 

Come back to this Web site and click Self-Represented Divorce Instructions, Part 2.