One of the first questions domestic clients have is “Can I file for divorce?’ The answer to that question depends on several factors.

To file for divorce in South Carolina, either you or your spouse must be a resident of South Carolina for at least one year prior to the action unless both of you are residents. If both of you are residents of South Carolina, you must have been here three months prior to filing the action. You must wait 90 days from the time of filing for a divorce to the time of your final decree of divorce.

In South Carolina, there is one no-fault ground and four additional fault grounds upon which you can obtain a divorce. The no-fault ground is based on living separate and apart for one year. This means living in two separate households for one year without intervening reconciliation. The four “fault” grounds are:

• Adultery
• Alcoholism and/or drug addiction
• Physical abuse or reasonable apprehension of physical abuse
• Willful desertion for one year

The divorce process begins when one spouse files a “Complaint for Divorce.” You may file for divorce in the county where: Your spouse lives; you live if your spouse does not live in South Carolina; or you and your spouse last lived together if you are both currently living in South Carolina.