Grounds & Proof

adulteryOne consideration in choosing between fault and no fault grounds is the speediness of obtaining a divorce.  Using fault grounds the divorce can be granted as soon as three (3) months after the filing.  SC Code Ann. § 20-3-80 (1976).  South Carolina does not recognize “irreconcilable differences” as grounds for divorce, nor do they have “legal separations.”

A divorce can be granted immediately upon filing of responsive pleadings for living separate and apart without cohabitation for a period of one (1) year, or if the defendant is served and does not respond, the divorce can be granted within thirty (30) days.  S.C. Code Ann. § 20-3-10 (1976).

 No Fault Divorce Grounds in South Carolina:

Separation without Cohabitation is the only no-fault divorce ground in South Carolina.  After one (1) year’s separation without cohabitation, both spouses can file for a divorce decree in a divorce court.

Fault Divorce Grounds in South Carolina:

Adultery
If your spouse is having a relationship with a paramour, you can get a divorce from him or her on based on adultery.  Adultery is illicit intercourse when married to another person.  In order to prevail on a claim of adultery, a party must prove his or her claim by clear and convincing evidence.  Evidence must demonstrate both an adulterous inclination and a reasonable opportunity to satisfy that inclination.

Desertion for One Year
Desertion by your spouse for one (1) year or more is a ground for divorce in South Carolina.

Habitual Drunkenness
If your spouse is a habitual drunk or drug addict, you can obtain divorce under this divorce ground in South Carolina.

Physical Cruelty
Cruel treatment includes physical torture or harassment.  If you are being subjected to physical cruelty, you can get a divorce under this fault divorce ground.  S.C. Code Ann. § 20-3-10 (1976).  South Carolina does not recognize mental cruelty.

One consideration in choosing between fault and no fault grounds is speediness of obtaining a divorce.  Using fault grounds the divorce can be granted as soon as three (3) months after the filing.  SC Code Ann. § 20-3-80 (1976).

A divorce can be granted immediately upon filing of responsive pleadings for living separate and apart without cohabitation for a period of one (1) year, or if the defendant is served and does not respond, the divorce can be granted within thirty (30) days.  S.C. Code Ann. § 20-3-10 (1976).

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