Grounds for Divorce

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 Filing for a Divorce is hard, it can be messy, and it’s always emotional.  You have children to think about, houses to divide, retirement plans to navigate.  In short, divorce is one of life’s most daunting and emotionally taxing experiences.  This is where our team steps in. At Rivertown Law, our divorce attorneys will work alongside you to achieve the best possible outcome in your divorce by providing top-quality legal guidance, helping you achieve a greater peace of mind as you protect what matters most: YOUR FAMILY!

Grounds for Divorce in South Carolina

In South Carolina, there are five recognized grounds for divorce as outlined by S.C. Code § 20-3-10. These grounds include:

1.  Adultery
2. Habitual drunkenness (in reference to both alcohol and narcotics abuse)
3. Abandonment/Desertion for a period of one year or greater
4. Physical cruelty
5. Separation for a period of one year or greater without cohabitation

Points 1-4 above are classified as “fault” grounds for divorce, while point 5 is considered as a “no fault” grounds. Determining what category your action for divorce falls under is crucial to advance your case and ensure that you receive proper legal representation. , meaning that it is not necessary for the individual requesting the divorce to prove that their spouse committed a wrongful act.

Obtaining a “No Fault” Divorce

A divorce made on “no-fault grounds” is one in which it is not necessary for the individual requesting the divorce to prove that their spouse committed a wrongful act.

In South Carolina, the only grounds for divorce recognized as having no-fault is separation. The requirements for this are as follows:

Separation

To obtain a divorce on the grounds of separation, you and your spouse must have been separated for at least one full calendar year without cohabitation. This separation must be continuous, meaning that reuniting with your spouse to live in the same household will eliminate separation as a grounds for your divorce until you are separated for a full year. Though this grounds does not require the establishment of misconduct regarding your spouse, complications may still arise regarding visitation, property distribution, and other marital matters.

Obtaining a Divorce On “Fault-Based” Grounds 

A divorce made on “fault-based grounds” is one in which the spouse requesting the divorce must prove that their marital partner committed a wrongdoing falling under the specified fault categories.

Each fault-based grounds has different requirements to establish proof of wrongdoing, which can make the divorce process complicated and confusing. Generally speaking, establishing the grounds for divorce within each of the 4 fault actions is determined as follows:

Adultery

To obtain a divorce on the grounds adultery, circumstantial evidence that establishes that your spouse had both the opportunity and romantic inclination to have an affair is generally sufficient. This might include testimony from witnesses such as a private investigator, photographs, videos, or other forms documentation.

Habitual Drunkenness/Substance Abuse

To obtain a divorce on the grounds of habitual drunkenness, it must be established that your spouse habitually abuses an intoxicating substance, such as alcohol or narcotics, and that this habitual substance abuse caused the breakdown of your marriage.

Abandonment/Desertion

To obtain a divorce on the grounds of abandonment/desertion, you must prove that your spouse has deserted you for at least a year and that they did so without providing any form of spousal support. On the surface, this appears to be nearly identical to the no-fault ground of separation, but the finding of desertion could potentially impact your visitation and/or child support rights.

Physical Cruelty 

To obtain a divorce on the grounds of physical cruelty or physical abuse you don’t have to establish that you faced bodily harm at the hands of your spouse, just that there was a substantial risk of serious bodily harm or death posed by staying in the marriage. These requirements apply only to physical injury and physical abuse, as the state of South Carolina does not recognize mental abuse/cruelty as a grounds for divorce.