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Grounds
for Divorce
in South Carolina
Adultery:
To prove grounds of adultery it must be shown that a spouse had
sexual intercourse outside the marriage. The time(s) and place(s)
must be specific, and the conduct may be inferred from circumstances.
(i.e. Testimony and documentation that a spouse spent the night
in a motel room with a person other than their spouse.)
Physical
Cruelty: To prove grounds of physical cruelty it
must be shown that actual personal violence occurred or such a
course of physical treatment that endangers life, limb, or health,
and renders living together unsafe. A single act of physical cruelty
does not ordinarily constitute grounds for divorce, unless it
is so severe and atrocious as to endanger life, or unless the
act indicates an intention to do serious bodily harm or causes
reasonable apprehension of serious danger in the future.
Habitual
Drunkenness: To prove grounds for habitual drunkenness
it must be shown that a spouse has a fixed habit of frequently
becoming intoxicated, but does not necessarily imply continual
drunkenness. Habitual drunkenness must exist at or near the time
the lawsuit is filed. This ground for divorce also includes habitual
drug use.
Desertion:
To prove ground of desertion, it must be shown that:
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The
spouses have stopped living together
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Intent
on the part of the party leaving not to resume living together.
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Absence
of the opposite party's consent.
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Absence
of justification.
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These
elements must exist for the period of one (1) year.
Constructive
Desertion exists where the misconduct of one spouse compels
the other spouse to leave.
One
Year Separation (No Fault): To
prove this ground it must be shown only that the spouses have
not lived together for a minimum of one (1) year. Consent, or
lack of it, to live separately is not relevant for this ground.
This is South Carolina's closest ground to a "no fault"
divorce ground.
Your
Choice of a Lawyer Can and Probably Will Affect You and Your Case!
Conveniently located
just off I-26
Robert
W. Polk
Attorney and Counselor at Law
11 Gamecock Ave., Suite 1101
Charleston, SC 29407
(803) 852-9000 • Fax: (803) 852-9001
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© 1999 All Rights Reserved
Intelligent Media Ventures, Inc.
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