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
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.