Where to Begin: Residency Requirements
Before you can file for divorce in Lexington County, you must meet South Carolina’s residency requirements:
- If both spouses live in South Carolina, one must have lived here for at least three months.
- If only one spouse lives in South Carolina, that person must have lived here for at least one year before filing.
Meeting these rules ensures that the Lexington County Family Court has jurisdiction over your case.
Step 1: Determine Your Grounds for Divorce
South Carolina allows two main types of divorce:
- No-fault divorce: Requires spouses to live “separate and apart” for one continuous year before filing.
- Fault-based divorce: Can be filed immediately for reasons such as adultery, physical cruelty, habitual drunkenness, or desertion.
Your choice of grounds affects both how soon you can file and how complex the process will be.
Step 2: Prepare and File the Paperwork
You’ll file your case with the Lexington County Clerk of Court, Family Court Division, located in downtown Lexington.
You’ll need to prepare and submit:
- Complaint for Divorce (stating your grounds)
- Family Court Cover Sheet
- Summons (to notify your spouse)
A filing fee of about $150–$200 applies, unless waived by the court due to financial hardship. Fee cost might have been change depending on the year.
Step 3: Serve Your Spouse
You must officially “serve” your spouse with divorce papers, meaning they receive copies of all filings.
This can be done by:
- Sheriff’s deputy (small service fee)
- Private process server
- Certified mail (with proof of delivery)
Once served, your spouse has 30 days to respond in writing.
Step 4: Temporary Hearings (If Needed)
If you need immediate orders — like temporary custody, child support, or use of the marital home — your attorney can request a temporary hearing early in the case.
These short hearings help keep families stable while the divorce is pending.
Step 5: Settlement or Trial
Most Lexington divorces end in settlement, especially after mediation. If you and your spouse agree on all terms (custody, support, property), your attorney can prepare a final order for the judge to sign.
If you can’t agree, the case moves to trial, where a family court judge makes final decisions.
Step 6: Final Hearing and Divorce Decree
Once all issues are resolved, you’ll attend a short final hearing at the Lexington County Family Court.
After the judge reviews your documents and testimony, they’ll issue a Final Decree of Divorce — officially ending your marriage.
Quick FAQs
Where do I file for divorce in Lexington County?
At the Lexington County Family Court, part of the Clerk of Court’s office.
How long does it take to get divorced in South Carolina?
No-fault divorces take at least one year and a few months; fault-based cases can finish faster but often involve more hearings.
Can I file for divorce without a lawyer?
You can, but an attorney helps ensure your paperwork, service, and settlement are handled correctly.
Filing for divorce is a big step — but you don’t have to do it alone. Call The Farley Law Firm today to schedule a confidential consultation and get step-by-step guidance on filing in Lexington County.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your case.