In South Carolina, divorce is defined by Section 20-3-10 of the South Carolina Code. The code sets out rules for divorce in South Carolina. In short, matrimony has significant legal, spiritual, and cultural bonds. South Carolina law only allows for divorce under five specific conditions…
South Carolina Code for Divorce: How to Legally Separate in SC
1. Adultery
First and foremost is adultery. Grounds for divorce exist when one spouse cheats on another spouse. Unsurprisingly, adultery is a simple reason for divorce as long as you have evidence of the adulterous behavior.
2. Desertion
Second, is desertion for a period of one year. A spouse leaves the other spouse without notice and does not provide information about their whereabouts. In one year, there are legal ground for divorce.
3. Physical Cruelty
The third ground is physical cruelty. The word ‘physical’ is key. Emotional or psychological abuse unfortunately does not qualify under South Carolina Code. The form of abuse needs to be physical and inflicting physical harm.
4. Habitual Drunkenness
The fourth aspect is habitual drunkenness. Habitual drunkenness includes both alcohol and the use of any narcotic drug. The abuse of alcohol and/or drugs must be persistent. If one spouse has a few too many drinks after work one night, that does not count as “habitual.” However, if a spouse comes home every day at 5PM with a blood alcohol content of .2, that certainly falls under the “habitual” category.
5. No Cohabitation for One Year
Finally, the last, and at times most complicated, ground for divorce is living separately without cohabitation for one year. Parties must live separate for one year. However, contact with one another complicates the separation. For example, frequent sexual contact followed by nights at one another’s house may eliminate the grounds for separation.
6. No Collusion
Finally, the code also has a provision about collusion. In South Carolina, you cannot receive a divorce if you planned it to happen. In short, if one spouse has knowledge or agrees with the behavior of another spouse, that does not count as a ground for divorce.
Divorce is Tricky and Precise in SC
South Carolina takes divorce quite seriously. Because of this, marriage requires much thought, and divorce requires compelling arguments. So, if you need help getting everything sorted out, we offer our services; as well as our condolences for this trying time in your life.
