Grounds for Divorce: South Carolina
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate South Carolina grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
No-Fault:
(1) Living separate and apart without cohabitation for a period of one year.
Fault:
(1) Adultery;
(2) Willful desertion for a period of one year;
(3) Physical cruelty;
(4) Habitual drunkenness or drug abuse.
(Code of Laws for South Carolina - Chapter 3; Sections 20-3-10)
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your South Carolina Divorce Today (5 Great Options!)
- Locate a South Carolina Divorce Professional Near You
- Read More About South Carolina Divorce Laws
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