Generally, a plaintiff must have resided in South Carolina for at least one year prior to filing S.C. Code Ann. § 20-3-30. However, if both you and your spouse are residents of South Carolina when the action is filed, you are only required to have resided in the state for three months prior to commencing the action S.C. Code Ann. § 20-3-30. If you are a nonresident of South Carolina, you may still file for divorce in the state provided that your spouse has resided in South Carolina for at least one year prior to the filing S.C. Code Ann. § 20-3-30.
While South Carolina statutes establish county-level venue requirements, there is no separate durational residency period required specifically for Charleston County or any other individual county; you must simply satisfy the statewide residency timelines and meet the proper venue requirements at the time the action is commenced S.C. Code Ann. § 20-3-30, S.C. Code Ann. § 20-3-60.
South Carolina Statutory Residency Requirements
The family court requires that at least one of the parties establish residency in South Carolina before it can exercise subject matter jurisdiction over the marriage and grant a divorce Roesler v. Roesler, 396 S.C. 100, Hayduk v. Hayduk, 436 S.C. 411. Under South Carolina law, these durational requirements are strictly applied:
- One-Year Rule (Single Resident): The plaintiff must have resided in South Carolina for at least one year prior to commencing the action S.C. Code Ann. § 20-3-30. Alternatively, if the plaintiff is a nonresident, the defendant spouse must have resided in the state for at least one year prior to commencement S.C. Code Ann. § 20-3-30.
- Three-Month Rule (Both Residents): If both spouses are residents of South Carolina at the time the divorce action is commenced, the plaintiff must have resided in the state for only three months prior to filing S.C. Code Ann. § 20-3-30.
- Active Duty Military Exception: For a plaintiff or defendant who is stationed in South Carolina on active duty military service, "residents" or "resided" is defined as a continuous presence in the state for the required statutory period, regardless of their intent to permanently remain in the state S.C. Code Ann. § 20-3-30.
Judicial Interpretation of "Resided" and "Domicile"
South Carolina courts have uniformly determined that the statutory terms "reside" or "resided" are equivalent in substance to "domicile" Hayduk v. Hayduk, 436 S.C. 411, Gasque v. Gasque, 246 S.C. 423. To establish domicile, a party must reside in a place with the intent to make it a permanent home Nagy v. Nagy-Horvath, 273 S.C. 583. Domicile is defined as the place where a person has their true, fixed, and permanent home and principal establishment, and to which they intend to return whenever they are absent Roesler v. Roesler, 396 S.C. 100, Gasque v. Gasque, 246 S.C. 423.
Because the foundation of domicile is the intent of the resident, the question of domicile is a fact-specific inquiry determined under the unique circumstances of each case Hayduk v. Hayduk, 436 S.C. 411. For example, courts have looked to evidence such as the address listed on a party's driver's license, income tax returns, and other formal documents to evaluate a party's residency and intent Nagy v. Nagy-Horvath, 273 S.C. 583.
County Venue Requirements
Once the statewide durational residency requirements are met, the action must be filed in the appropriate county venue. South Carolina law dictates that actions for divorce must be tried in the county:
- In which the defendant resides at the time the action is commenced S.C. Code Ann. § 20-3-60;
- In which the plaintiff resides, if the defendant is a nonresident or cannot be found after due diligence S.C. Code Ann. § 20-3-60; or
- In which the parties last resided together as husband and wife, unless the plaintiff is a nonresident, in which case the action must be brought in the county where the defendant resides S.C. Code Ann. § 20-3-60.
To file specifically in Charleston County, the case must satisfy one of these venue criteria at the time of filing S.C. Code Ann. § 20-3-60.
To file for divorce in South Carolina, you must have lived in the state for at least one year prior to filing, unless both you and your spouse are South Carolina residents, in which case the residency requirement is reduced to three months. If you are a nonresident, you may file if your spouse has resided in the state for at least one year. There is no independent durational residency requirement for Charleston County specifically, but you must satisfy the statutory venue criteria to file your action in that county.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.