Does South Carolina have Jurisdiction for your divorce?

South Carolina law requires that one of the parties to the divorce action must have lived in South Carolina for at least one year [three (3) months if both parties are residents of South Carolina] before filing the divorce.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have an South Carolina address in the county where you are filing your divorce. South Carolina civilian residents living overseas may file in South Carolina if they have maintained their residency in South Carolina.