South Carolina

Divorce Residency Requirements To Get Divorce In South Carolina

To file for divorce in the State of South Carolina, one or both spouses will need to have lived in South Carolina for a certain amount of time, based on other determining factors. These requirements will need to be met whether you utilize a do-it-yourself divorce service, or you file for divorce in a courtroom with a lawyer present. In any case, only one of the following residency requirements must be met.

• The spouse who files for a divorce without a lawyer (or with an attorney) must have lived in South Carolina for at least one year.
• The other spouse (known as the defendant) must have lived in the state (and still live there) for at least one year prior to filing. This would be applicable if the filing spouse lives outside the state.
• Both spouses live within the state and have maintained residency for at least three months before filing for divorce.

Reasons For Divorce In South Carolina

South Carolina is a no-fault divorce state where divorce can be filed without stating that one party is "at fault" or to blame for the dissolution of the marriage. The ground for a no-fault divorce is living separately without cohabitation for one year or more.

Custody Of The Children In South Carolina

In South Carolina, the best interests of the child are always at the forefront of decisions that are made. Joint or sole custody may be granted. Joint legal custody can give both parents the ability to contribute to the decision making process and upbringing of the child. Joint legal custody can exist, and one parent can still be the primary caregiver and have the child the majority of the time with the other parent having a parenting schedule. Joint physical custody exists when both parents have the children for equal or near-equal time.

South Carolina Child Support Guidelines

The state-standard child support guidelines in South Carolina apply in nearly every case, barring exceptional circumstances. When child support is calculated, both parents’ gross incomes and the expenses related to caring for the child are taken to account. Support continues until the child reaches age 18, and it can extend further until the child completes secondary education.

Filing Fees

In the State of South Carolina, there may be additional filing fees in addition to the affordable costs of using Divorce.com. For more information about these charges, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.