The next step is to file the papers with the Clerk of Court, Family Court Division. You may choose one of three locations to file:
- in the county where you and your spouse last shared a residence
- in the county where your spouse lives at the time of filing, or
- in the county where you live, if your spouse is not a resident of South Carolina.
If you're filing in South Carolina but do not live in the state, you must file in the county where your spouse (the Defendant) lives.
The Clerk of Court will charge a $150.00 fee to file the papers. If you are unable to pay the fee, you may file a Motion and Order Information Coversheet and a Motion and Affidavit to Proceed In Forma Pauperis. If your Motion is approved, you will not have to pay filing fees or Sheriff’s Office service fees (if applicable).
Motion and Order Information Coversheet SCCA233F
[PDF] [WORD]
Motion and Affidavit To Proceed In Forma Pauperis SCCA405F
(do not sign this form until you are in front of a notary public)
[PDF] [WORD]