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The Daily Insight

Can a married couple have different states of residency?

Author

Sarah Duran

Published Apr 03, 2026

Many taxpayers are surprised to learn California even allows separate residency status for spouses. But in fact, there is no such thing as “marital” residency. Residency status always belongs to an individual, whether married or not.

What if spouse lives in another state?

If you live in California and your spouse lives in any other state or vice versa, you can still file a petition for divorce in California. Additionally, it is possible to file the petition for legal separation or divorce in a state other than the one where you got married.

Who gets house in divorce SC?

In South Carolina, non-marital property remains in the hands of the spouse who owned it before or during the marriage. The most common types of property divided at divorce are real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits.

Does a wife get half in a divorce?

Couples going through a divorce must decide how to divide their property and debts—or ask a court to do it for them. Under California’s community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce.

How much does it cost to get married in South Carolina?

South Carolina Marriage License. If you’re getting married in South Carolina, you must first apply for a marriage license. It’ll cost you $30.00 to $100.00, plus you’ll have an unlimited amount of time to use it, as it won’t expire. See FAQ Offices. To get married in South Carolina, first apply for a marriage license at any probate court.

Can a married couple still live in the same house?

If you and your spouse are still living in the same house for economic or family reasons, proving that you are really separated can be tricky. Here is a checklist of what you should do if you and he are still living together but separate. Establish and maintain intent to separate permanently or indefinitely.

How long does it take to get a marriage license in SC?

Your marriage license will be ready for pick up 24 hours after filing your application. Remember, most probate courts are closed weekends. Can the waiting period be waived? The mandatory 24-hour wait can’t be waived, nor will a license be issued in advance showing tomorrow’s “effective” date.

Can a minor get married in South Carolina?

Update: On December 18, 2018, South Carolina House Representatives Beth Bernstein, Neal Collins, and Shannon Erickson pre-filed House Bill 3369, which would rescind the pregnancy exception provision that allows minors to marry. What’s the benefit of taking a premarital preparation course?