{"id":376241,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-legal-requirements-for-divorce.html"},"modified":"2024-03-06T11:57:20","modified_gmt":"2024-03-06T16:57:20","slug":"south-carolina-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-legal-requirements-for-divorce.html","title":{"rendered":"South Carolina Divorce Laws"},"content":{"rendered":"\n
\n \n
\n

South Carolina Divorce Laws <\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In South Carolina, state law governs divorce (dissolution of marriage). These laws dictate everything from how a person files for divorce to the division of marital property<\/a>. They also control things like alimony<\/a>, child support<\/a>, and child custody<\/a>.<\/p>\r\n

Here, we\u2019ll highlight the divorce laws in South Carolina. We\u2019ll also explain the differences between a contested divorce<\/a> and an uncontested divorce<\/a>.<\/p>\r\n

Residency Requirements and Separation<\/b><\/h2>\r\n

To file for divorce in South Carolina, you must be a state resident for at least one year. If both spouses live in-state, the residency requirement<\/a> is only three months. You must certify that you meet this requirement when you file your divorce petition.<\/p>\r\n

The family courts in South Carolina also require a waiting period. For no-fault divorces<\/a>, you must wait one year before you file for divorce. For fault-based divorce, there is no waiting period before filing. However, once the divorce is filed, a final decree of divorce may be entered only after 90 days have passed.<\/p>\r\n

Your divorce lawyer can prove you have been separated for a year by submitting evidence showing a continuous separation for that period. One way to do this is by showing you have different mailing addresses. For example, you can submit a copy of your driver\u2019s license with your current address.<\/p>\r\n

State divorce laws also determine which fault grounds for divorce are available.<\/p>\r\n

Grounds for Divorce in South Carolina<\/b><\/h2>\r\n

Most states have done away with the requirement that you cite grounds for divorce in your divorce case. They only require that you and your spouse have irreconcilable differences. In Florida, for example, you must confirm that your marriage is irretrievably broken to file for divorce.<\/p>\r\n

South Carolina divorce laws offer five grounds for divorce<\/a>. These include:<\/p>\r\n