Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation.
Getting Divorced in South Carolina
According to South Carolina Code, no divorce will be granted except upon one or more of the following grounds:
- Adultery;
- Desertion for a period of one year;
- Physical cruelty;
- Habitual drunkenness; this ground includes habitual drunkenness caused by the use of any narcotic drug; or
- On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.
Residency Requirements
In order to institute an action for divorce the plaintiff must have resided in South Carolina at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have resided in South Carolina for this period of time.
Waiting Period
A final decree may be granted 3 months after filing. However, when the plaintiff seeks a divorce on the grounds of desertion or separation for one year, the hearing may be held and the decree issued after the responsive pleadings have been filed or after the respondent has been adjudged to be in default whichever occurs sooner.
South Carolina Divorce Laws and Marriage Laws
You can find a complete listing of the South Carolina divorce laws by searching “Domestic Relations” here.
