Obtaining a Divorce in South Carolina

In order to obtain a divorce in South Carolina, the party seeking the divorce must first meet the residency requirement established by law. In order to file for divorce the person filing (plaintiff) must have resided in a period of at least one year prior to filing. If the Plaintiff is not a South Carolina resident then the Defendant must have resided in South Carolina for a year prior to filing. However, if both parties are residents of South Carolina, at the time the action is filed, then the Plaintiff need only reside in South Carolina 3 months prior to filing for divorce.
South Carolina has four fault-based grounds for Divorce:
1. Adultery
2. Desertion for a period of one year
3. Physical cruelty
4. Habitual drunkenness ( including narcotic drugs as well as alcohol)
There is also a fifth ground for divorce often called a no-fault divorce. This occurs when the husband and wife have lived separate and apart without cohabitation for a period of one year.