South Carolina has specific residency requirements to file for divorce. To initiate divorce proceedings, at least one spouse must have resided in South Carolina for at least one year. If both spouses are residents of South Carolina, the divorce residency requirement is three months. This rule ensures that the state has jurisdiction over the divorce case.
Many people facing divorce are unsure where to file or how long they must wait for the family court to act. An experienced divorce lawyer can answer your questions and help you comply with South Carolina divorce laws. The legal team at McKinney, Tucker & Lemel LLC assists clients in York County and Lancaster County, guiding them through the divorce process while protecting their rights. Since 1977, our legal team has provided trusted legal guidance and personalized attention to help clients with family law matters move forward with confidence.
What Documents Are Needed to Prove Residency?
South Carolina courts require proof of residency before accepting a divorce petition. Documents that establish residency include a state driver’s license or vehicle registration, voter registration, utility bills, lease agreements, or property deeds.
Employment records, such as pay stubs or W-2 forms, along with bank statements and tax returns that show a South Carolina address, also help. Gathering these records ensures the court can verify residency and proceed without delays.
Can I Get Divorced in South Carolina if My Spouse Lives in Another State?
Yes, you can file for divorce in South Carolina even if your spouse lives in another state. As long as you meet the one-year residency requirement, South Carolina courts have jurisdiction to grant your divorce regardless of where your spouse currently lives.
This situation commonly arises when one spouse relocates for work, family reasons, or to separate from their partner. The spouse who moved away does not need to return to South Carolina for you to file for divorce. However, proper notification procedures must be followed to ensure your spouse receives legal notice of the divorce proceedings. Service of process rules require delivering divorce papers to your spouse in their current location.
Serving divorce papers out of state can sometimes create procedural complications that require careful attention to legal requirements. A knowledgeable divorce attorney can make sure that you comply with all notification requirements in South Carolina law and the state where your spouse currently resides. Failure to properly serve divorce papers can delay the proceedings or result in dismissal of your divorce action.
Which County Do You File In?
South Carolina law has clear rules for divorce venues. You can file in the county where you or your spouse lives. If you live in different counties, either is acceptable.
If your spouse lives out of state, then file in the South Carolina county where you reside to ensure the court has jurisdiction. Choosing the proper county can affect timing and court assignments and allow your case to proceed without delay.
How Long Can a Divorce Take in South Carolina?
The timeline for a divorce in South Carolina depends on whether it is a no-fault divorce or a fault-based divorce. No-fault divorces require a one-year waiting period from the date of separation before the court can grant the divorce. During this time, the spouses must live apart, and at least one must intend the separation to be permanent.
The one-year period of living separately begins when the spouses physically separate from each other. Many couples wait to file until the one-year mark approaches. After the waiting period, the filing starts the court process, which may take additional months depending on whether disputes arise.
At-fault divorces, on the other hand, are based on specific grounds that must be proven.
The overall timeline for obtaining a divorce depends on numerous factors, including resolving equitable distribution of marital property, child custody, and spousal support obligations.
Is There a Way to Avoid the Mandatory One-Year Waiting Period?
South Carolina law provides several fault-based grounds for divorce. They require proving specific misconduct by your spouse, such as adultery, physical cruelty, habitual drunkenness, or desertion. Establishing fault may allow you to finalize your divorce sooner than waiting for the one-year period of separation to pass.
Adultery
Adultery occurs when your spouse engages in sexual relations with another while the marriage remains legally valid. Proving that your spouse committed adultery requires clear evidence.
This may include photographs, witness testimony, electronic communications, or other documentation showing the extramarital relationship. South Carolina courts take adultery seriously, and proving this ground eliminates the need for the one-year waiting period.
Drunkenness
Habitual drunkenness or drug use is another fault-based ground for divorce. This requires showing a pattern of substance abuse rather than isolated incidents.
The addiction must be significant enough to affect the marriage and family life. The evidence might include arrest records, medical records documenting treatment for substance abuse, witness testimony, or employment problems related to drinking or drug use.
Cruelty
Physical cruelty involves violence or abuse that endangers your safety or well-being. This includes hitting, pushing, or any other form of bodily harm. Mental cruelty consists of behavior that makes continuing the marriage intolerable.
Constant shaming, threats, emotional manipulation, or psychological abuse can constitute mental cruelty. Courts require evidence showing a pattern of cruel behavior rather than single incidents or ordinary marital disagreements.
Desertion
Desertion occurs when your spouse leaves the marital home without your consent and without justification for at least one year. The departing spouse must intend to end the marriage permanently. Simply walking out during an argument does not constitute desertion.
The absence must be continuous for the full year. The spouse who left cannot offer support or maintain contact intended to preserve the marriage. Desertion is one of several fault-based grounds for divorce recognized in South Carolina.
Contact a South Carolina Divorce Lawyer
Since 1977, McKinney, Tucker & Lemel LLC has served families across York and Lancaster Counties. Our Rock Hill, SC family law attorneys have guided clients through every step of the divorce process, from meeting residency requirements to negotiating the division of marital assets, alimony, and child support. Our attorneys will pursue the legal strategy that serves your best interests.
We focus on protecting your legal rights while keeping the process manageable and cost-effective. Please read our testimonials to see how we’ve helped others handle challenging legal matters. Reach out to our law office today to schedule a consultation with a compassionate divorce lawyer. Let us explore your options for seeking the best possible outcome and moving forward with confidence.
