Very few — but that does not mean you will never see a courtroom

Most people picture divorce the way television shows it: a packed courtroom, lawyers arguing, a spouse breaking down on the witness stand. Almost none of it works that way. The overwhelming majority of divorces are resolved by agreement, and most of the work happens in conference rooms rather than courtrooms. But the honest answer to the question is more interesting than a number, and more useful to you.

Be skeptical of the statistics

You will find articles claiming that 95 percent of divorces settle, or that only 2 percent go to trial. Those figures get repeated constantly, and almost none of them cite anything. South Carolina does not publish this data at all — our courts track how many cases are filed, resolved, and pending, but not whether a case ended by agreement or by a judge's ruling.

The most rigorous look at the question came in a 2018 study of more than 147,000 domestic relations cases across eleven states. It found that about two-thirds were uncontested from the outset, and that even among the contested cases, fewer than half ever held a single in-court hearing. So the direction is clear even if the precise percentage is not: trials are rare.

Why so few cases are tried

• Cost. Trial means days of preparation, expert witnesses, and lawyers billing for hours spent waiting in a courtroom. It is the single most expensive way to end a marriage.
• South Carolina requires you to try mediation first. Since January 1, 2016, contested family court cases in every county must go to mediation. A trained neutral works through the issues with both sides, and a great many cases resolve there — often in a single day.
• A judge is a stranger to your family. At trial, decisions about your children and your finances are handed to someone who will know your family for a few hours. Most people, once they understand that clearly, would rather keep the decision themselves.

What settling does not mean

Here is the part most articles leave out, and it matters: settling your case does not mean you avoid court. South Carolina does not grant divorces on paperwork alone.

Even in a fully agreed case, you will appear before a family court judge at a final hearing. You will testify under oath. You will need to bring a corroborating witness — someone who can confirm the grounds for your divorce, because your word alone is not enough. And the judge must independently find that your agreement was reached fairly and voluntarily before approving it. A bill to let some of that be handled by affidavit has been pending in the legislature since early 2025 and has not passed.

Many cases also involve a temporary hearing early on, where a judge sets the rules for how your family will operate while the case is pending — support, custody, who stays in the house. These hearings are short and argued largely on written affidavits rather than live testimony. The rules governing temporary hearings changed in October 2025, which tightened the deadlines considerably.

What this should tell you

Settling is not a sign of weakness or of a lawyer unwilling to fight. It is how most cases end, and it is usually the better outcome — faster, far less expensive, and more private.

That said, the cases that settle on more favorable terms are the ones prepared as though they might be tried. Your leverage in a negotiation comes almost entirely from the other side's assessment of what a judge would do. A case built carefully from the beginning settles on better terms; a case built on the assumption that it will never be tried tends to settle on worse ones.

Stevens Family Law, LLC represents clients in complex and high net worth family law matters across South Carolina. If you are considering a separation or divorce and want a clear picture of how your case is likely to unfold, we would be glad to talk with you.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Court rules and procedures change; this reflects South Carolina practice as of September 2026. For advice about your situation, please consult a licensed attorney.