If you are considering a divorce, you need to first make sure that you qualify. This may seem silly considering the seriousness of a divorce; however, the law has certain requirements that must be met in order to file for a divorce. One of the simple, but often overlooked, requirements is residency. Simply put, you must be a resident of South Carolina in order to file for a divorce in South Carolina.
Residency and South Carolina Divorce: Where you Live… Matters
Now you may ask, what is necessary for residency? Well, this is a separate legal question that has requirements of its own. For starters, in the United States, everyone has a legal “domicile,” or state dwelling. You aren’t just a citizen of the United States; but, of a particular state as well. This dwelling depends on your vehicle registration, property ownership, length of time resided, and finally, your own opinion. However, just because your dwelling is in South Carolina, does not mean you will automatically qualify for a divorce…
Rules and requirements
In South Carolina, you must have lived in the state for at least one year prior to filing for a divorce. Alternatively, the defendant spouse must have lived in South Carolina for a year or more if the filing spouse cannot meet this requirement. Obviously, there are complications for many people who have become a citizen in a different state due to jobs, school, separation, etc. However, if the plaintiff and defendant spouse are both legally domiciled in South Carolina, they must live in the state only three months prior to the filing.
Next, you must file the divorce in the county where the defendant lives. However, if the defendant is missing or lives out of the state, the plaintiff files in the county where they reside.
A few hoops to jump through
As you can tell, getting a divorce is not so simple as to walk up to the nearest courthouse, and file the paperwork. Instead, you must follow the rules for filing set out by the South Carolina Code. So, if you’re considering a divorce, take the time and do the research. Doing so, will ensure a quicker, easier process for you and your to-be former spouse.
