What are the Residency and Filing Requirements for Divorce in South Carolina?

In order to file for divorce in South Carolina, one of the parties must have been a South Carolina resident for one year before the action is brought or if both parties are South Carolina residents then the plaintiff need only be a resident for 3 months before commencing a divorce action. (South Carolina Code of Laws Title 20 Domestic Relations Chapter 3 Divorce Section 30) The action should be filed in the court of common pleas in the county where the defendant resides, or if the defendant is a nonresident then in the county where the plaintiff resides or in the county where the couple last lived together as husband and wife. (South Carolina Code of Laws Title 20 Domestic Relations Chapter 3 Divorce Section 60)

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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