What Are the Grounds for Divorce in South Carolina?

There are five specific grounds for divorce in the state of South Carolina. All five grounds for divorce are listed online in S.C. Code § 20-3-10. A divorce is granted based upon proof provided to the courts relating to one of these five grounds for divorce.

Every divorce is different and there are many circumstances that could occur that will determine what your specific grounds for divorce may be. Do you have questions about divorce? Let us help! Call today or stop by for your consultation.

1) No Fault Divorce

If your divorce is considered “no-fault”, then there is typically at least one year of separation required for the spouses. No legal paperwork must be filed to begin your year of separation. After the one year is over, you may file for divorce immediately.

2) Adultery

To obtain a divorce under the grounds of adultery, there must be proof of either circumstantial evidence of opportunity (to commit adultery) and romantic inclination.

3) Physical Cruelty

To obtain a divorce based upon “Physical Cruelty”, you do not need to prove an actual injury, but you must prove that the other spouse created a substantial risk of death or serious badly harm.

4) Habitual Drunkenness (alcohol or narcotic drugs)

To obtain a divorce based upon Habitual Drunkenness, it must be proven the other spouse not only uses either narcotics or consumes alcohol, but also that it is a habitual occurrence and has been the cause of the break down of the marriage.

5) Desertion

This type of grounds for divorce has more than almost ceased since the length of separation for a no-fault divorce was reduced to the same time period as a desertion divorce.In some cases, a third party testimony may be required to help prove your grounds for divorce. A South Carolina judge will use specific findings in your case to determine if reconciliation is possible or not before they will grant the divorce. Divorces are granted based upon evidence that the grounds for divorce does exist.

At Harden Law, we can help to educate you on the divorce process and provide guidance throughout the entire journey– from separation to final divorce. If you are seeking a divorce or defending a divorce action, please contact us today.

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