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South Carolina Legal Requirements for Divorce


Explanation of Chart and More Information on Requirements for Divorce

Code Section20-3-10 to 440
Residency RequirementsOne party resident 1 yr.; if both residents when action commenced, then only 3 month requirement.
Waiting PeriodDecree cannot be entered until 3 months after filing unless divorce sought on grounds of separation or desertion.
'No Fault' Grounds for DivorceSeparation (for 1 yr. continuously).
Defenses to a Divorce FilingCollusion.
Other Grounds for DivorceAdultery; cruelty or violence; desertion for 1 yr.; drug/alcohol addiction; lived apart without cohabitation for 1 year.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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