Q: Married in Florida but now living in South Carolina, which state would my spouse and I file for divorce?
A:
State law provides time requirements on residency before you can file an action for divorce in a SC courts. See SECTION 20-3-30. Residence requirement.
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 is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.
So if both of you are residents of the state of SC and you have been a resident for at least three months you can file in SC.
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