To file for divorce in South Carolina, the plaintiff must meet a residency requirement of either three months or one year under S.C. Code § 20-3-30. If both spouses live in South Carolina, the filing spouse needs only three months of residency; if only one spouse lives in-state, that spouse must have resided here for one full year before filing.
The divorce residency requirements in South Carolina exist to confirm that a state court has proper jurisdiction over your case before it can dissolve your marriage. This guide explains the exact domicile requirement, how long you must live in the state before divorce, where to file, and how residency interacts with grounds, waiting periods, and the $150 filing fee. All citations reference current South Carolina statutes verified as of March 2026.
Key Facts: South Carolina Divorce at a Glance
| Factor | Requirement |
|---|---|
| Filing Fee | $150 (uniform across all 46 counties) |
| Waiting Period | 90 days post-filing (fault grounds); waived for separation/desertion |
| Residency Requirement | 3 months (both spouses in SC) or 1 year (only one spouse in SC) |
| Grounds | 5 grounds: adultery, desertion (1 yr), physical cruelty, habitual drunkenness, 1-year separation (no-fault) |
| Property Division Type | Equitable distribution (not community property) |
As of March 2026. Verify all fees with your local clerk.
What Are the Divorce Residency Requirements in South Carolina?
The divorce residency requirements in South Carolina are set by S.C. Code § 20-3-30: a plaintiff who is a South Carolina resident must have lived in the state for at least one year before filing, but if both spouses reside in South Carolina, that period drops to just three months. If the plaintiff is a nonresident, the defendant must have resided in South Carolina for the one-year period.
These two thresholds — three months versus one year — turn entirely on whether both spouses live in the state. The shorter three-month window applies only when the husband and wife are both South Carolina residents at the time the divorce action is commenced. When one spouse lives elsewhere, the longer twelve-month residency requirement governs to ensure the state has a substantial connection to the marriage. Courts apply these periods strictly, and a complaint filed even one day early can be dismissed for lack of jurisdiction, forcing the plaintiff to refile.
How Long Do You Have to Live in South Carolina Before Filing for Divorce?
You must live in South Carolina for either three months or one year before filing for divorce, depending on where your spouse lives. Under S.C. Code § 20-3-30, if both you and your spouse reside in South Carolina, the filing spouse needs only three months of residency; if only one spouse lives in-state, the residency requirement extends to one full year.
This is one of the most common questions about how long to live in state before divorce, and the answer hinges on a single fact: your spouse's residence. Consider three scenarios. First, both spouses moved to South Carolina four months ago — the three-month requirement is satisfied and either may file. Second, you live in South Carolina but your spouse lives in Georgia — you must complete a full year of South Carolina residency before filing. Third, you live in North Carolina but your spouse has lived in South Carolina for fourteen months — you may file in South Carolina because the defendant satisfies the one-year requirement. The residency clock runs continuously and must be complete on the date the Summons and Complaint are filed with the Clerk of Court.
The Domicile Requirement: Residency vs. Domicile
South Carolina's residency statute requires genuine domicile, meaning physical presence in the state combined with the intent to remain indefinitely. Under S.C. Code § 20-3-30, the domicile requirement is satisfied by actually residing in South Carolina for the required three-month or one-year period, not merely owning property or holding a mailing address here.
Residency and domicile are closely linked but legally distinct concepts. Domicile is your true, fixed, permanent home — the place you intend to return to whenever you are absent. A person can have several residences but only one domicile. For divorce jurisdiction, South Carolina courts look for objective proof that you have made the state your domicile. The strongest evidence includes a South Carolina driver's license, voter registration, a signed lease or property deed, in-state employment, vehicle registration, and utility bills in your name. Recently relocated spouses should preserve these records from the day they arrive, because a defendant can challenge jurisdiction by arguing the plaintiff never truly established domicile. Maintaining out-of-state ties, such as continuing to vote in another state, can undermine a claim of South Carolina domicile.
Where Do You File for Divorce in South Carolina? (Filing Jurisdiction)
You file for divorce in the Family Court of the county where the defendant resides, where the plaintiff resides if the defendant is a nonresident, or where the spouses last lived together. South Carolina Family Court has exclusive jurisdiction over all divorce actions, and proper filing jurisdiction (venue) depends on the residence of the parties at the time the action begins.
Residency and venue work together but answer different questions. Residency under S.C. Code § 20-3-30 determines whether South Carolina as a whole may hear your case. Venue determines which of the state's 46 counties is the correct courthouse. The general rule is that you file where the defendant lives. If the defendant has left the state, you may file where you, the plaintiff, reside. If the parties last resided together in a particular county, that county is also a proper venue. Filing in the wrong county does not destroy jurisdiction but can result in a transfer that delays the case. Every divorce begins with a Summons and Complaint filed with the Clerk of Court, accompanied by the $150 filing fee.
Grounds for Divorce in South Carolina
South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10: adultery, desertion for one year, physical cruelty, habitual drunkenness or drug abuse, and one year of continuous separation without cohabitation. The separation ground is the only no-fault option, and South Carolina does not allow divorce based simply on irreconcilable differences.
South Carolina is unusual because its divorce grounds are enshrined in the state constitution, making them difficult to change. The four fault grounds — adultery, desertion, physical cruelty, and habitual drunkenness — allow an immediate filing once the misconduct is proven. The no-fault ground requires that spouses live separate and apart without cohabitation for one continuous year before either party may file. The South Carolina Supreme Court interprets "separate and apart" strictly: living in separate bedrooms within the same house does not satisfy the requirement (Barnes v. Barnes, 280 S.E.2d 538 (S.C. 1981)). The spouses must maintain entirely separate residences, and any reconciliation or resumed cohabitation resets the one-year clock to zero.
How Residency Interacts With the Waiting Period
Meeting the residency requirement does not eliminate South Carolina's mandatory 90-day waiting period for fault-based divorces. Under S.C. Code § 20-3-80, a court cannot issue a final decree until at least 90 days (three months) after the Complaint is filed, and this period cannot be waived by agreement of the parties.
The residency requirement and the waiting period are two separate hurdles that operate at different stages. Residency is a precondition to filing — you must satisfy it before the Clerk accepts your Complaint. The 90-day waiting period runs after filing and serves as a statutory cooling-off period intended to allow time for reconciliation. The Family Court also cannot schedule a hearing until 60 days after filing. Importantly, divorces filed on the one-year separation or desertion grounds are exempt from the 90-day waiting period, because those parties already completed a 365-day waiting period through separation. For a no-fault separation divorce, this means the total timeline runs at least 15 months from initial separation to final decree: 12 months of separation before filing, plus roughly three months of post-filing processing.
How Much Does It Cost to File for Divorce in South Carolina?
The filing fee to start a divorce in South Carolina is $150, paid to the Clerk of Court when you submit your Summons and Complaint. This fee is uniform across all 46 counties and applies regardless of whether the divorce is contested or uncontested, fault-based or no-fault. The defendant pays no fee to file an Answer.
The $150 filing fee is only the starting cost. Service of process by the county sheriff typically costs $40 to $65, certified copies of the final decree run $5 to $10 each, and court-ordered parenting classes cost $50 to $150 per parent when minor children are involved. Spouses who cannot afford the filing fee may request a waiver by filing Form SCCA/400, the Motion and Affidavit to Proceed In Forma Pauperis. South Carolina courts generally waive the $150 fee for households earning below 125% of the federal poverty guidelines. As of March 2026, verify the current filing fee and any additional charges with your local South Carolina family court clerk, as amounts are subject to change.
Special Residency Rules for Military Service Members
Active-duty military members stationed in South Carolina qualify as residents for divorce purposes even without intent to remain permanently. Under S.C. Code § 20-3-30, the terms "residents" and "resided" for an active-duty service member stationed in the state mean a continuous presence in South Carolina for the required period, regardless of intent to permanently remain.
This military provision solves a problem unique to service members, who are frequently stationed in a state by orders rather than by personal choice. Ordinarily, residency requires the intent to make a place your permanent home. Because a service member may be assigned to a South Carolina installation temporarily, the statute removes the intent-to-remain element for them, treating their continuous physical presence as sufficient to establish residency. A service member stationed in South Carolina for the required three-month or one-year period may therefore file for divorce here even if they consider another state their permanent home. Military divorces also involve federal considerations, including the Servicemembers Civil Relief Act, which can pause proceedings against a deployed spouse, and the Uniformed Services Former Spouses' Protection Act, which governs the division of military retirement pay.
What Happens If You Don't Meet the Residency Requirement?
If you do not meet South Carolina's residency requirement, the Family Court lacks jurisdiction and must dismiss your divorce case. Under S.C. Code § 20-3-30, a Complaint filed before the three-month or one-year residency period is complete is subject to dismissal, requiring you to wait and refile once the requirement is satisfied.
Residency is jurisdictional, which means a defect cannot simply be overlooked or excused for convenience. A court that issues a divorce decree without jurisdiction risks having that decree challenged or declared void later. If your residency is short of the requirement, you have a few practical options. You can wait until the required period elapses and then file. If both spouses are South Carolina residents, you may qualify under the shorter three-month rule rather than waiting a full year. If your spouse has lived in South Carolina long enough, you may be able to rely on the defendant's residency to establish jurisdiction. Alternatively, you may be able to file in another state where you or your spouse meets that state's residency rules. Because residency missteps cause costly delays, confirming your eligibility before filing is essential.