A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In South Carolina, to file for a divorce, at least one of the spouses must have resided in the state for a minimum of one year prior to filing if the other spouse is a non-resident. However, if both spouses reside in South Carolina, the residency requirement is reduced to three months. The divorce must be filed in the county where the defendant resides, or in the county where the plaintiff resides if the defendant is a non-resident or cannot be found. If there are minor children involved, the state may have specific provisions that address the jurisdiction and residency requirements to ensure the best interests of the children are considered. These requirements are outlined in the South Carolina Code of Laws, particularly within the sections pertaining to domestic relations and family law.