Greenville Divorce Attorneys

Residency Requirements

To file for divorce in South Carolina, each spouse must be a resident of the state and the individual filing must have been a resident of the state for at least 3 months. Alternately, both spouses must be a resident of the state for 1 year.

If both spouses are residents, you can file for divorce in the Circuit Court or Family Court of the county where you last resided together.

Grounds for Divorce in South Carolina

South Carolina recognizes no-fault and fault-based grounds for divorce. Legally, the state considers the following 4 fault grounds for a fault-based divorce:

Adultery: You do not actually have to prove adultery occurred to file for a fault-based divorce. You can show proof of what is known as inclination and opportunity. Inclination is defined as having or showing romantic interest outside of the marriage. Opportunity is established when you can prove your spouse had the chance to act on an inclination.

In South Carolina, proving that one spouse committed adultery will result in that spouse being barred from receiving spousal support.

Habitual drunkenness or narcotics abuse: To prove this ground, you must show that your spouse’s behavior was habitual and caused the breakdown of the marriage.

Physical cruelty: You must be able to show that your spouse’s conduct caused substantial risk of death or bodily harm. Under South Carolina law, physical cruelty must be actual personal violence, or such a course of physical treatment as endangers life, limb, or health, and renders cohabitation unsafe.

Abandonment: This is a rare circumstance, although possible. Today, most divorces are granted on the ground of 1 year’s continuous separation.

To obtain a no-fault divorce, a couple must prove 1 year on continuous separation in the state. This means the couple must live apart for 1 year before filing for divorce.

Schedule a Consultation with an Experienced Attorney from Our Firm

If you are considering divorce and would like to discuss your options with an experienced lawyer, we are happy to help you get started. We offer personalized legal services with a compassionate touch to best serve you and your family as you navigate your divorce. We understand divorce can be difficult to endure, but you do not have to figure it out alone.

Fill out a form online or call our office at (704) 286-0570 to schedule a time to discuss your divorce options. We offer same-day appointments for your convenience.