South Carolina Residency Requirements
The state of South Carolina has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The South Carolina residency requirements are as follows:
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action.
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in South Carolina for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the South Carolina residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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