South Carolina Residency Requirements
Residency requirements for filing for divorce in South Carolina. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
12
months minimum
County Residency
months minimum
Note: Under S.C. Code § 20-3-30, when only one spouse is a South Carolina resident, the plaintiff must have resided in the state for at least one year prior to filing. When both parties are residents at the time the action is commenced, the plaintiff need only have resided in the state for three months prior to filing. Military personnel stationed in South Carolina meet residency through continuous presence for the required period regardless of intent to permanently remain.
South Carolina Residency Requirements Explained
Before you can file for divorce in South Carolina, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of South Carolina for a minimum of 12 months prior to filing your petition.
In addition to the state requirement, South Carolina also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in South Carolina as long as you personally meet the requirement.
How to Prove South Carolina Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid South Carolina driver's license or state ID
Active voter registration in South Carolina
Current lease agreement or mortgage for a South Carolina address
South Carolina state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in South Carolina
Bank statements showing a South Carolina address
Vehicle registered in South Carolina
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet South Carolina's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in South Carolina if:
- •They are currently stationed in South Carolina
- •They maintain South Carolina as their legal domicile (home of record)
- •Their spouse lives in South Carolina
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to South Carolina?
Start your countdown. Note the date you moved to South Carolina. You can file after 12 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your South Carolina divorce paperwork now so you can file the day you meet residency requirements.
Where to File in South Carolina
Once you meet South Carolina's residency requirements, you must file for divorce in the correct court. In South Carolina, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 12-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county