Divorce

A person can obtain a divorce in South Carolina if both parties have lived in the state for at least three months prior to filing the action.  If one party is a non-resident, the resident party must have lived in the state for at least one year prior to the beginning of the action.  Divorces are granted on one of five grounds:  one-year continuous separation, adultery, habitual drunkenness or drug use, physical cruelty or desertion.  A one year separation is South Carolina's no-fault ground.  Desertion is a seldom used ground in modern practice.

The length of time to gain a divorce depends on which ground is proven.  Generally, a fault-based divorce can be awarded ninety days from the date of filing.  A no-fault divorce can be granted after the parties live separately for at least one year.