Divorce Agreement in South Carolina — Free PDF & Word (2026 Updated)
Terms for dissolution of marriage
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MARITAL SETTLEMENT AGREEMENT (DIVORCE) State of South Carolina This Agreement is entered into on [DATE] between: PETITIONER: Name: [PETITIONER NAME] Address: [ADDRESS], SC [ZIP] RESPONDENT: Name: [RESPONDENT NAME] Address: [ADDRESS], SC [ZIP] Date of Marriage: [DATE] Place of Marriage: [LOCATION] 1. GROUNDS: [ ] No-fault/Irreconcilable differences [ ] Other: [SPECIFY] 2. PROPERTY DIVISION: Petitioner receives: [LIST ASSETS] Respondent receives: [LIST ASSETS] Jointly held property: [DESCRIBE DIVISION] 3. DEBTS: Petitioner assumes: [LIST DEBTS] Respondent assumes: [LIST DEBTS] 4. SPOUSAL SUPPORT: [ ] No spousal support [ ] [PAYOR] pays $[AMOUNT] per month for [DURATION] 5. CHILD CUSTODY (if applicable): [ ] Joint legal custody [ ] Sole custody to [PARENT] Primary residence: [PARENT] Visitation schedule: [DESCRIBE] 6. CHILD SUPPORT (if applicable): [PAYOR] pays $[AMOUNT] per month per South Carolina child support guidelines. This agreement is governed by South Carolina family law (SC Statutes). PETITIONER: _____________________ DATE: _____ RESPONDENT: _____________________ DATE: _____
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This Divorce Agreement template for South Carolina has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Divorce Agreement Costs in South Carolina
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Carolina standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Carolina |
| Sales Tax | 6% | South Carolina base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | South Carolina requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
Where to File Your Divorce Agreement in South Carolina
Visit your local County Clerk office to file or notarize your Divorce Agreement.
South Carolina County Clerk
South Carolina Capital
Main Government Building, South Carolina
District County Clerk
South Carolina Metro Area
County Courthouse, SC
South Carolina Divorce Agreement Legal Guide
For residents of South Carolina, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
South Carolina law (South Carolina State Code) governs this Divorce Agreement. Key financial considerations include a 6% sales tax rate and notary fees of $5. The document requires 2 witnesses and remains valid indefinite.
This professionally drafted form provides peace of mind knowing you're compliant with all South Carolina legal requirements.
Your South Carolina Filing Guide
After downloading, take your time filling in each section. SC statutes require that all information be accurate and current. Once signed by all parties, determine whether South Carolina requires you to file the document with a government office, record it with the county, or simply retain it for your records.
How South Carolina Courts View This Document
South Carolina courts apply SC statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
What South Carolina Attorneys Want You to Know
Practicing lawyers in South Carolina emphasize three things: accuracy, completeness, and compliance with SC statutes. A well-prepared Divorce Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a South Carolina-licensed attorney is worth the investment.
SC Compliance Checklist
Before finalizing your Divorce Agreement, verify that it meets South Carolina's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SC statute
South Carolina courts apply SC statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
What South Carolina Attorneys Want You to Know
Practicing lawyers in South Carolina emphasize three things: accuracy, completeness, and compliance with SC statutes. A well-prepared Divorce Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a South Carolina-licensed attorney is worth the investment.
SC Compliance Checklist
Before finalizing your Divorce Agreement, verify that it meets South Carolina's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SC statute
Before finalizing your Divorce Agreement, verify that it meets South Carolina's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SC statute
FAQ: Divorce Agreement in South Carolina
Is a Divorce Agreement required in South Carolina?
Yes, in South Carolina, a Divorce Agreement is required for most transactions of this type. Under South Carolina State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Divorce Agreement may result in legal complications.
Does a Divorce Agreement need to be notarized in South Carolina?
Notarization requirements in South Carolina (SC) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Divorce Agreement in South Carolina?
South Carolina has a base sales tax rate of 6%. Depending on the type of transaction documented in your Divorce Agreement, additional local taxes may apply. Consult with a South Carolina tax professional for specific guidance on your situation.
Do both spouses have to agree to a divorce?
No, all US states allow no-fault divorce, meaning one spouse can file without the other's consent. However, an uncontested divorce (where both agree on terms) is faster, cheaper, and less stressful than a contested divorce.
How is property divided in a divorce?
Property division depends on your state. Community property states (like California and Texas) split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and contributions.
Can we write our own divorce agreement?
Yes, spouses can draft their own marital settlement agreement covering property division, spousal support, and child custody. The court must approve it to ensure it's fair and meets state requirements, especially regarding children.
South Carolina Divorce Agreement Requirements
Review the following requirements to ensure your Divorce Agreement is legally valid in South Carolina.
South Carolina Notarization
South Carolina requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.
Before You Sign
Review all information carefully. In South Carolina, a 6% sales tax may apply.
Legal Protection
Keep copies of all signed documents. South Carolina law requires all parties to receive copies of executed documents.
South Carolina Filing Deadlines
Check South Carolina deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in South Carolina
Divorce Agreement in Neighboring States
Document Information
- Document
- Divorce Agreement
- State
- South Carolina (SC)
- Category
- Family
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6%
- Notary Fee
- $5
South Carolina Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed attorney for advice specific to your situation.