Divorce Jurisdiction and Venue

Divorce is a difficult process with many challenges, and when a divorce crosses state lines, procedural headaches can arise. The first decision is which state court is most appropriate. Unfortunately, either state may bring significant costs or delays.

Divorce Jurisdiction

For a specific court to hear a claim, the court must have the authority to rule over the subject matter and the persons in the action. This authority is the court’s “jurisdiction” to act. The court must also be the correct “venue,” which is the proper or most convenient location. The case may be dismissed or transferred if you do not meet all the jurisdictional and venue requirements.

In South Carolina, the Family Court is the appropriate jurisdiction for divorce, but the parties must also meet the residency requirements.

S.C. Code Ann. § 20-3-30 (2016).

Under S.C. Code § 20-3-30, there are three possible situations which meet the residency requirements:

1. The plaintiff must have resided in this State at least one year prior to the commencement of the action.
2. If the plaintiff is a nonresident, the defendant must have resided in this State for this period.
3. Provided that both parties are residents of the State when the action commences, the plaintiff must have resided in this State only three months prior to the commencement of the action.

Out-of-state defendants could cause unique challenges. Let’s say a person wishes to file for divorce after recently moving to South Carolina, but the defendant lives in another state. The party wishing to file for divorce in South Carolina could be required to wait a year to do so.

Although filing for divorce where the defendant resides is a quicker option, this is not always an easier route. You could face inconveniences such as finding an attorney far away, traveling to court or mediation, and distant witnesses or evidence. The decision to proceed with a divorce from a spouse living in another state is complex, and it will involve issues beyond those discussed here.

Your case’s circumstances are unique, and we encourage you to contact a divorce attorney today. Our office is eager to assist you. Connect with us here.