Residence Requirements

RESIDENCE REOUIREMENTS

In order to institute an action for divorce from the bonds of matrimony the Plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the Plaintiff is a nonresident, the Defendant must have so resided in this State for this period, provided, that when both parties are residents of the State when the action commenced, the Plaintiff must have resided in this State only three month prior to the commencement of the action. The terms " residents" or “resided’ as used in this section as it applies to the plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required of intent to permanently remain in South Carolina.

In a divorce case, a person’s place of residence is largely one of intent to be determined under the facts and circumstances of the case, determinative. Nagu v. Hogvath, 257 S.E.2d 757 (1979). S.C. Code 20-3-60, (1976, as amended), S.C. Code 20-3-30, (1976 as amended).

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.