Divorce in South Carolina
Absolute Divorce (Divorce from the Bonds of Matrimony)
South Carolina primarily recognizes one main type of divorce: absolute divorce, formally known as "divorce from the bonds of matrimony". This type of divorce completely dissolves the marriage relationship, allowing both parties to remarry and fully separating their legal obligations to one another.
Legal Separation and Separate Maintenance
While not a divorce, South Carolina allows separate maintenance and support actions. This option allows couples to live apart and establish visitation, custody, support arrangements, and/or property division without actually dissolving the marriage. The marriage relationship remains intact, meaning neither party can remarry.
Grounds for Divorce in South Carolina
South Carolina requires specific grounds to grant a divorce. The state recognizes five distinct grounds for absolute divorce:
Fault-Based Grounds
Adultery - When one spouse engages in extramarital affairs
Physical Cruelty - Involving physical abuse or violence
Habitual Drunkenness - Including chronic alcohol abuse or drug addiction
Desertion - When one spouse abandons the other for a continuous period of one year
No-Fault Ground
Living Separate and Apart - When spouses have lived separately without cohabitation for a continuous period of one year
The one-year separation ground is considered South Carolina's version of no-fault divorce, allowing couples to divorce without proving wrongdoing by either party.
Residency Requirements
Before filing for divorce in South Carolina, specific residency requirements must be met. The requirements vary depending on the circumstances:
Standard Requirement: Either the plaintiff or defendant must have resided in South Carolina for at least one year prior to filing
Both Parties Residents: If both spouses are South Carolina residents when filing, the plaintiff need only have resided in South Carolina for three months prior to filing
Military Personnel: For active duty military stationed in South Carolina, continuous presence in the state for the required period satisfies the residency requirement, regardless of intent to remain permanently
Court Jurisdiction
The South Carolina Family Court has exclusive jurisdiction over all divorce proceedings. This specialized court system handles not only the divorce itself but also related matters such as property division, alimony, child custody, and support.