Failing to timely respond can result in an entry of default Stark Truss Co. v. Superior Constr. Corp., 360 S.C. 503, although South Carolina family courts still allow non-answering defendants to be heard on major domestic relations issues at the final merits hearing Roesler v. Roesler, 396 S.C. 100, Schleicher v. Schleicher, 310 S.C. 275.
Preparation and Service of the Answer
A defendant must serve their written answer within 30 days after receiving the summons and complaint Stark Truss Co. v. Superior Constr. Corp., 360 S.C. 503. The answer must contain a denial of each material allegation in the complaint that the defendant wishes to contest, as well as a statement of any new matter constituting a defense DM Co. v. Nycoil Co., 273 S.C. 496. If the plaintiff's complaint is verified, the defendant's answer must also be verified DM Co. v. Nycoil Co., 273 S.C. 496. Under South Carolina rules, the answer must be endorsed with the title of the cause, and a copy of the answer must be filed with the Clerk of Court DM Co. v. Nycoil Co., 273 S.C. 496.
The underlying action for divorce or separate support and maintenance must be tried in the appropriate county family court, which is determined by statutory venue rules based on where the defendant resides, where the plaintiff resides (if the defendant is a nonresident or cannot be found), or where the parties last cohabited S.C. Code Ann. § 20-3-60.
Consequences of Failing to Answer (Default)
If a defendant fails to plead or otherwise defend within the required timeframe, they may face default Stark Truss Co. v. Superior Constr. Corp., 360 S.C. 503. In general civil actions, the clerk of court enters default as a ministerial act upon proof by affidavit Stark Truss Co. v. Superior Constr. Corp., 360 S.C. 503. However, the application of default rules in South Carolina family courts is subject to specific procedural nuances:
- Applicability of Rule 55: There is an ongoing discrepancy in South Carolina family law regarding default Roesler v. Roesler, 396 S.C. 100. Rule 2 of the South Carolina Rules of Family Court (SCRFC) states that Rule 55 of the South Carolina Rules of Civil Procedure (SCRCP)—which governs default—is inapplicable in family court Roesler v. Roesler, 396 S.C. 100. Conversely, Rule 17(b) of the SCRFC suggests that default provisions under Rule 55, SCRCP, are incorporated into the final order issued by the family court Roesler v. Roesler, 396 S.C. 100.
- Right to be Heard Despite Default: Even if a defendant fails to file an answer and is considered to be in default prior to the final hearing, they do not forfeit all participation Roesler v. Roesler, 396 S.C. 100, Schleicher v. Schleicher, 310 S.C. 275. Under Rule 17(a) of the SCRFC, a non-answering defendant must still be given notice of the time and date of the merits hearing Schleicher v. Schleicher, 310 S.C. 275. If the defendant is unrepresented, this notice is sufficient if sent to their last known address via certified mail, return receipt requested Schleicher v. Schleicher, 310 S.C. 275. At the merits hearing, the defendant has a right to be heard on critical issues, including child custody, visitation, alimony, support, equitable distribution of property, and counsel fees Roesler v. Roesler, 396 S.C. 100, Schleicher v. Schleicher, 310 S.C. 275.
Grounds for Divorce
The litigation will ultimately proceed based on the statutory grounds asserted in the complaint. South Carolina recognizes five statutory grounds for divorce: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness (which includes habitual drunkenness caused by narcotic drug use); or (5) living separate and apart without cohabitation for a continuous period of one year S.C. Code Ann. § 20-3-10.
An individual served with divorce papers in South Carolina should draft a formal, written answer, verify it if the complaint is verified, serve it on the plaintiff within 30 days, and file it with the court clerk. While failing to file an answer may result in default, the defaulting party still retains the statutory right to receive notice of the final hearing and to be heard on core domestic issues such as custody, support, and property division.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.