In order to file for a divorce in South Carolina, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: 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. Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county a in which the defendant resides at the time of the commencement of the action, b in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or c in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides. The Complaint for Divorce must declare the appropriate South Carolina grounds upon which the divorce is being sought.
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