Marriages continue until a Divorce Decree is entered, or the marriage is annulled. A person may seek a divorce in South Carolina from a non-resident. The residency requirement is for the Plaintiff.
§ 20-3-30, of the S.C. Code of Laws provides:
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.
Christopher P. Biering
bieringlaw.com
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