How can I divorce my husband if he is not in the state?

That's not a problem, we can get you divorced in less than 60 days by giving him notice through publication. If you would like to discuss your options, feel free to contact our office for a free 30 minute consultation.

You may file for divorce in South Carolina provided you meet the residency requirement. Here is the relevant statutory language: 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. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina.

He need not be in the state if you know where he is and can have him served there. You should consult a family law attorney about service substitutes if personal service proves impossible.

Generally, a divorce can be filed in the state where the plaintiff, who brings a case, resides. If you're in Michigan, call my office for an appointment and consultation.

Simply file papers where you are a resident and make arrangements to have the other side served with papers.