Living in the State for 12 Months Prior to Filing

There are certain time frames that must be followed before a divorce can be filed in South Carolina.  In order to determine how long you must live in South Carolina prior to filing for divorce, the answer will depend on where both spouses reside.  The answer to this question is governed by South Carolina Code §20-3-30.  Specifically, it states as follows:

If Both Spouses Reside In South Carolina

If both you and your spouse live in South Carolina, then you must only prove that you both have lived in South Carolina for the three months leading up tot he commencement of the divorce action.

The Filing Spouse Lives in South Carolina But the Defendant Spouse is Not a Resident of South Carolina

If you want to file for divorce in South Carolina but your spouse is not a resident of this state, then you must prove that you have lived in South Carolina for 12 months before the commencement of the divorce action.

If the Filing Party is Not a Resident But the Defending Party is a Resident

If the filing party lives in another state but is filing for divorce in South Caroline because the defending party is a resident of South Carolina, the defending party who lives in South Carolina must have resided in South Carolina for more than one year prior to the filing of the action for divorce.

Speak Your Mind