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Divorce Residency Requirements in South Carolina

In South Carolina, the plaintiff (or the defendant) must have lived in the state for 1 year before filing, or 3 months if both spouses are residents, and the no-fault ground is 1 year of living separate and apart.

Last checked . General information, not legal advice.

South Carolina at a glance

State residency
1 year (3 months if both spouses live in SC)
County residency
No county period in the residency statute
No-fault ground
Living separate and apart for 1 year
Separation must be without cohabitation.

Sources

Last checked

The rules in South Carolina

How long must you live in South Carolina before filing for divorce?

State residency in South Carolina: 1 year (3 months if both spouses live in SC).

Is there a county residency requirement for divorce in South Carolina?

County residency in South Carolina: No county period in the residency statute.

What is the no-fault ground for divorce in South Carolina?

No-fault ground in South Carolina: Living separate and apart for 1 year. Separation must be without cohabitation.

Where do the South Carolina divorce residency requirements come from?

The rules above come from S.C. Code 20-3-30 and S.C. Code 20-3-10. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.