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Bill Number: 2234 Ratification Number: 36 Act Number 17 Introducing Body: House Subject: Residence requirements in order to institute an action for divorce
(A17, R36, H2234)
AN ACT TO AMEND SECTION 20-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCE REQUIREMENTS IN ORDER TO INSTITUTE AN ACTION FOR DIVORCE, SO AS TO PROVIDE THAT 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.
Be it enacted by the General Assembly of the State of South Carolina:
Military residence requirements for divorce actions
SECTION 1. Section 20-3-30 of the 1976 Code is amended to read:
"Section 20-3-30. 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."
SECTION 2. This act takes effect upon approval by the Governor.