Requirements for Your Divorce

Deciding to end your marriage is a big step, and you likely want to move forward with your life as soon as possible. However, divorce is a legal process, and there are different requirements you must meet before the South Carolina court will end your marriage.



If both spouses live in South Carolina, the spouse filing the divorce petition must have lived in the state for three months. If only one of you lives in the state, that spouse must live there for one year prior to filing the petition.

Grounds and Waiting Period

When you file for divorce, you must cite grounds for why you want to dissolve the marriage. You can cite no-fault grounds, which means you do not need to prove that your spouse engaged in misconduct in order to get divorced. However, a no-fault divorce requires that you have been living separately from your spouse for at least one year before you file.

On the other hand, you can cite fault-based grounds with no separation requirement. These grounds include:

  • Adultery
  • Cruelty
  • Substance abuse
  • Desertion

If you cite fault-based grounds, you must provide sufficient proof to back up your claims of misconduct. While you do not need to be separated prior to the divorce, fault-based grounds require a 90-day waiting period before the court will finalize your case.

Resolving Issues

Every divorce case requires you to resolve relevant issues, which can include:

  • Alimony
  • Property division
  • Child custody
  • Child support

You can resolve these out of court or have the judge decide on the resolution for you.

Contact a Divorce Lawyer in Hilton Head and Bluffton, SC

The Law Offices of David Parker Geis, LLC, represents clients in all types of divorce cases in South Carolina. If you would like to learn about your options and the legal process, call 843.715.0661 or contact us online to speak with a Hilton Head and Bluffton divorce attorney.