I'm not aware of any counties in SC that allow online filing. I'd advise you to stay away from any web site that says they can file your divorce case in SC "online."
I get a few calls every month from people who attempt to file for a divorce on their own and get all the way to the hearing only to have the judge throw the case out because something was not done correctly.
Joshua Brent RaffiniFamily Law AttorneyAnderson, SC ·
I agree with the above- there is no "online divorce" in SC. If you are looking at an ad, you are most likely being offered a set of forms that you would then use to represent yourself. As has already been pointed out, I would caution you about attempting to represent yourself, as you may make it to your scheduled hearing only to find you missed something and have to start again.
I agree with the other lawyers. We have this problem in Florida as well. Your case will probably get filed (unless this is an outright scam). But then your case never gets set for a final hearing - which you need to attend.
Watch out. You get what you pay for.
Rebecca A. SeibertDivorce / Separation LawyerNorth Charleston, SC ·
I have no idea what "those sites" provide. My guess is that they either hand you the forms you need, many of which are available for free through the SC Courts website, or it is "ghost written," meaning someone drafts the paperwork for you, but you represent yourself in court. "Ghost writing" by a SC attorney may be considered unethical. The SC Supreme Court has not come down either way, but a US Bankruptcy Court in SC said it was not ethically permissible and violated the SC Rules of Professional Conduct. I wouldn't do it, and I don't know of any attorneys who would. If the person drafting the documents is not a SC attorney, even if they are an attorney in another state, then it could be considered the unauthorized practice of law, which is a crime in SC.
I don't recommend representing yourself in court. Not only are you not likely to know the procedures, how to request hearings, what hearings to request, how to file motions, what motions to file, etc., but it's easy to annoy a judge when you are pro se and don't know what you're doing. Some judges are really tough on pro se parties, and frankly, you want the judge on your side. Additionally, you could shoot yourself in the foot somehow.
My recommendation would be to retain an attorney, even if it is an uncontested divorce. Many family law attorneys charge reduced fees for uncontested cases. You can use the Find a Lawyer feature at the top of the page to help you find experienced family law attorneys in your area. Many will offer free consultations, too.
Sandye Teague HicksDivorce / Separation LawyerMyrtle Beach, SCSC licensed ·
It is always wisest and safest to use a lawyer when handling any legal matter. I am not aware of any court that honors an "online divorce," so be very cautious the service you are being offered is not a scam. Usually a simple divorce is not very costly, and certainly worth using a reliable lawyer.
Mary Jane GoodwinDivorce / Separation LawyerAnderson, SCSC licensed ·
Getting a divorce is a complex legal matter, even if it is "uncontested." My firm gets several calls a month from people who tried to represent themselves, only to put a lot of time and sometimes money (paid to do it yourself legal websites), only to be told by a Family Court Judge that their divorce would not be granted because of some failure in the process. An attorney will avoid those mistakes and get your divorce completed. You cannot get a divorce "online" in SC. If you are referring to a do it yourself website, you can attempt to complete the paperwork and file it yourself. I don't think that is the prudent course of action, though.