What are the grounds for divorce in South Carolina? How do I prove a ground for divorce?
A continuous separation of twelve months (or more) is the most common ground for a divorce in the state of South Carolina. Other grounds include; habitual drunkenness, adultery, physical abuse, and desertion. The court requires that any of the aforementioned grounds be corroborated by a witness or another form of proof.
A divorce based separation can usually be corroborated by a witness. The witness simply needs to provide sworn testimony that you have separated from your spouse for at least one year and have not reconciled.
Habitual Drunkenness can be proven by a combination of evidence including a witness statement, participation in a rehabilitation program for drugs or alcohol, a DUI arrest or conviction, failed drug tests, etc. The important element here is establishing a pattern of negative behavior over time, which leads to the demise of the marriage. Habitual drunkenness also applies to drug use.
Physical Abuse is also typically proven by a combination of proof. These often include witness statements, photos taken of injuries sustained from the cruelty, hospital or physician records, and arrest records. Again, the important element here is establishing a pattern of abuse over time. An isolated incidence or violence does not constitute grounds for a divorce in South Carolina, nor does mental abuse.
Desertion is rarely used as a ground to file for divorce. Typically, people file based on separation (minimum of twelve, continuous months) instead.
Please remember that each divorce case is unique and the information discussed above can often affected by a number of factors. Therefore, do not take this blog as legal advice and be sure to consult with an attorney.
If you have any questions about divorce, child custody, or family law in general, we urge you to contact us. In order to be flexible and convenient, we have open office hours, and easy appointment scheduling. Contact us today and schedule your confidential consultation.
Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.