What Are Grounds for Divorce in SC and What it Means for Your Divorce

You are considering filing for divorce from your spouse. This is an entirely legal matter, which requires much more than just the literal break up between the two of you. Of course that would be an easier way out, but it is definitely in your nest interest to make it final so that the both of you can get on with your lives for the sake of yourselves and your children. What are grounds for divorce? Each state has different rules and regulations on the matter, so it is important to know the ins and outs of this before taking on this difficult and costly process.

Before filing for divorce, appropriate grounds for doing so must be sought. The process will not be validated without this component. Grounds for divorce are divided into two categories: Fault and No Fault.

No Fault

The grounds for filing a no fault divorce are living separate or apart for a one-year period.


The grounds for filing a fault divorce are the following: adultery, willful desertion for one year, physical cruelty, or habitual drunkenness or drug abuse.

The grounds for your marriage must fall under one of the above reasons or it will not be validated in the state of South Carolina. You must be able to prove to the court that your spouse is guilty of one of these things to terminate your marriage. This seems frustrating, because how can the state you live in dictate who you want to spend your life with if you are unhappy? Unfortunately, marriage is by design a state matter, so your state gets a say in these things.

These rules are however in place for a reason. In many cases it calls for a further consideration of the marriage itself. The above grounds are definitely the most severe reasons to request a legal separation. There is also a waiting period in place that couples must endure as part of this process. All of these regulations are generally in place to prevent any rash decisions to terminate a marriage. This saves time and money for all parties involved in the event that the marriage can be saved.

All of these things should be taken into consideration before starting the divorce process. It is a complicated and costly one that should never be stumbled into unless you are 100% sure that this is the path needed to be taken by you and your spouse. In many cases the marriage cannot be saved and divorce is the only option. But, it can never hurt to exhaust all avenues and be sure that it is the only solution to save everyone the trouble. You must provide proof to the court of the above grounds in order to start the legal process of divorce.

For more help with your divorce or to begin the process, Harden Law is a great place to start. Harden Law serves SC’s Fort Mill and Rock Hill areas. For more information, visit https://harden-law.com/.