Residency requirements 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.
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