Residency Requirements:
The filing spouse must only have been a resident for 3 months if both
spouses are residents of South Carolina. There is a required 90-day
delay from the time of filing to the time of the final decree of
divorce. Otherwise, if only the filing spouse is a resident, then
he or she must have been a resident of South Carolina for at least
1 year. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-30,
20-3-60, and 20-3-80].
Legal Separation:
Legal separation and separate maintenance may be obtained in South
Carolina. [Code of Laws of South Carolina; Chapter 3, Section 20-3-140].
General Divorce Procedure:
The clerk of the court may have forms, that have been developed by
the court, to be used in divorce matters. [South Carolina Rules of
Family Court; Rule 3].
Mediation or Counseling:
The court may refer spouses to bring about reconciliation between
the spouses. In such cases, no divorce may be granted unless certified
by the judge or the referee that the reconciliation efforts were
unsuccessful. No final decree will be granted until 3 months after
the initial filing of the complaint. [Code of Laws of South Carolina;
Chapter 3, Sections 20-3-80, 20-3-90, and 20-7-850].
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Grounds for South Carolina Divorce:
No-fault:
No-fault ground for divorce in South Carolina is: Living separate
and apart without cohabitation for 1 year. [Code of Laws of South
Carolina; Chapter 3, Section 20-3-10].
Fault-based:
Fault-based grounds include:
1) Alcoholism or drug addiction;
2) Adultery;
3) Physical abuse or reasonable
apprehension of physical abuse;
4) Willful desertion for 1 year.
[Code of Laws of South Carolina; Chapter 3, Section 20-3-10].
Where to file for divorce:
File in the county where (1) the defendant resides; (2) the county
where the plaintiff resides if the defendant does not live in South
Carolina or cannot be found; or (3) the county where the spouses
last lived together if both still live in South Carolina. [Code of
Laws of South Carolina; Chapter 3, Sections 20-3-30, 20-3-60, and
20-3-80].
Title of Divorce action:
Complaint for Divorce.
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