Divorce
Having an attorney who focuses their practice on family law is essential in a divorce matter.
The State of South Carolina has five grounds for divorce which are found in S.C. Code 20-3-10. In order to obtain a divorce in South Carolina, you must have one of the following five grounds for divorce:
Adultery: A party does not have to physically see the act of adultery to file on this fault based ground. Instead, a party can prove adultery based on circumstantial evidence. Often times, a private investigator is hired to corroborate the suspected adultery by the spouse.
Physical Cruelty: In order to obtain a divorce based on physical cruelty, a party must be able to prove that their spouse’s conduct created a substantial risk of death or serious bodily harm. There must be a physical injury or conduct that would make a person think physical injury was imminent.
Habitual Drunkenness or Drug Abuse: The key to obtaining a divorce on this ground is to prove that your spouse’s drinking or drug use is habitual. The evidence must support that your spouse frequently uses alcohol or drugs and that the breakdown of the marriage is caused by the habitual drinking or drug abuse.
Desertion: If a spouse has deserted his or her spouse for a period of a year, this shall serve as a ground for divorce in South Carolina. From a practical standpoint, because South Carolina recognizes a no-fault divorce based on the same time period of one year, desertion as a fault basis for divorce is not commonly plead.
One Year Continuous Separation: Parties seeking to obtain a divorce without one of the four fault-based grounds above must live separate and apart from each other for a one year period. The key to obtaining a divorce on this ground is that the separation of the parties must be continuous. If parties reconcile or remain living under the same roof, there is no basis for divorce under this ground.
Within your divorce action, however, you will be also be working to resolve all of the issues of your marriage such as asset and debt division, use and division of personal property, alimony and spousal support, child custody and visitation for each parent, parental restrictions and guidelines, and child support issues.
Frequently Asked Questions
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The appropriate ground depends on your circumstances, but it can also influence how the court evaluates issues like alimony or marital misconduct. While many divorces proceed based on one year separation, fault-based grounds such as adultery or substance abuse may impact financial decisions. The choice is often strategic, not just legal.
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No, South Carolina requires spouses to live separate and apart in different residences for the entire one year period. Living under the same roof, even with minimal interaction, does not meet the legal standard for separation and can delay the ability to file for a no-fault divorce.
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Fault-based divorces require credible and corroborated evidence. Direct proof is not always necessary, but courts expect supporting evidence such as witness testimony, documented behavior patterns, or third-party verification. The burden is higher than simply making an allegation.
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The decision often depends on your priorities. Fault-based divorces may influence financial or support-related outcomes, but they can also increase time, cost, and conflict. In contrast, a one year separation approach is typically more straightforward. The best option depends on your specific goals and available evidence.
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A divorce case usually includes decisions about division of assets and debts, spousal support, child custody and visitation, and child support. These issues often have a longer lasting impact than the divorce itself, making it important to approach the process with a clear plan.