How Long Do I Have to Live in South Carolina to Obtain a Divorce

In order to get a divorce in South Carolina, the South Carolina family court must have jurisdiction over the parties to be able to hear the case.  In order for the court to have personal jurisdiction at least one of the following conditions must be met:

  1. If both of the parties are residents of South Carolina, then the plaintiff must have resided in South Carolina for more than three months.
  2. If the defendant is a resident of South Carolina, but the plaintiff is not, the defendant must have been a resident of South Carolina for more than one year prior to filing the complaint.
  3. If plaintiff is a resident of South Carolina, but defendant is not, plaintiff must have resided in South Carolina for more than one year prior to filing the complaint for divorce.

Just to clarify, the plaintiff is what the court refers to as the person who has filed the divorce action.  The defendant is what the court will refer to as the person who is being sued for divorce.  So, bottom line, if you have been a resident of South Carolina for at least one year you will be able to file for divorce in South Carolina.

Speak Your Mind