Am I Eligible to File for Divorce in South Carolina? (2026)
South Carolina has two overlapping requirements: residency and grounds. Both must be satisfied before filing.
Disclaimer: General legal information only. Consult a licensed South Carolina attorney for your situation.
Section 1 — Residency
South Carolina's residency requirement depends on whether both spouses live in the state:
| Your Situation | Residency Required |
|---|---|
| Both spouses currently live in SC | Either spouse lived in SC for 3 months before filing → ✅ |
| Only you live in SC (spouse lives elsewhere) | You must have lived in SC for 1 year before filing → check date |
| Only your spouse lives in SC (you live elsewhere) | Your spouse must have lived in SC for 1 year → file in SC |
Section 2 — Grounds
South Carolina requires one of the following grounds:
No-Fault: 1-Year Physical Separation
- You and your spouse have lived in completely separate residences for at least 12 continuous months
- No reconciliation during the year (sexual relations or returning home may restart the clock)
- Neither spouse needs to prove fault
- This is the ground used in the vast majority of South Carolina divorces
Fault Grounds (No Separation Period Required)
| Ground | What Is Required |
|---|---|
| Adultery | Extramarital sexual conduct — must be proven with corroborating evidence; bars alimony to adulterous spouse |
| Physical cruelty | Actual or threatened physical violence endangering health or safety |
| Habitual drunkenness or drug use | A pattern (not a single incident) of alcohol or controlled substance abuse |
| Desertion | Spouse left the marital home and has been gone for 1+ year without justification |
Section 3 — Which Court, Which County
File at the Family Court in:
- The county where you live, OR
- The county where your spouse lives
South Carolina's Family Court is a specialized court that handles all divorce and family law matters. Do not file in Circuit Court for a divorce.
Section 4 — Financial Declaration Requirement
Regardless of which ground you use, both parties must file a Financial Declaration with the Family Court. This form discloses:
- Monthly gross and net income
- Monthly expenses
- All assets (marital and separate)
- All liabilities
Both parties' Financial Declarations must be on file before the final hearing.
Section 5 — Eligibility Checklist
- Residency satisfied (3 months if both in SC; 1 year if only one in SC) ✅
- Separation of 1 year completed (no-fault) OR documented fault ground ✅
- Filing county identified (where either spouse lives) ✅
- Both parties' Financial Declarations prepared ✅
- Settlement Agreement drafted and agreed (if uncontested) ✅
Last reviewed: March 2026 | 1-year separation for no-fault | 3 months if both in SC | Fault grounds bypass separation | Family Court | sccourts.org/selfhelp
SoLongSoulmate.com Editorial Team
Researched using official state court websites and verified legal aid resources. Filing fees and procedures verified June 2026. General legal information only — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.