What are the Grounds for a Divorce in South Carolina?

There are five grounds for divorce in South Carolina: (1) adultery, (2) habitual drunkenness or narcotics abuse, (3) physical cruelty, (4) desertion for a period of one year, and (5) one year’s continuous separation (which is considered a “no-fault” ground for divorce). These grounds are outlined in South Carolina Code Section 20-30-10. In this article, we will explain each of these grounds, how to prove many of them, and discuss whether our courts recognize mental cruelty, emotional abuse, or child abuse as grounds for divorce in South Carolina.

Adultery is One of the Grounds for Divorce in South Carolina

One of the fault-based grounds for divorce in South Carolina is adultery. To establish adultery, you don’t need to prove it actually happened. Instead, you can prove adultery by showing “inclination and opportunity.” Inclination is established when you can show that a spouse had a romantic interest outside of the marriage. For example, if the spouse joined online dating sites or sent romantic texts and emails to another person, that is “inclination.” Opportunity is established when you can demonstrate that the spouse had a chance to act upon their inclination. For example, if a husband spends the night in a hotel room with a woman other than his wife, that is an opportunity. In South Carolina, proving that one party committed adultery will result in that party being barred from receiving alimony. For more information on adultery in South Carolina, read our article here regarding how adultery can impact your divorce.

Habitual Drunkenness or Narcotics Abuse is One of the Grounds for Divorce in South Carolina

Habitual drunkenness or narcotics abuse is one of the fault-based grounds for divorce in South Carolina. To prove this ground, you must show that your spouse’s habitual abuse (not on a single occasion or rare occasions) of alcohol or narcotic drugs caused the marriage’s breakdown and that the abuse existed at or near the time of filing for divorce.

There are many ways to prove habitual drunkenness or narcotic abuse, such as:

• Testimony from you, friends, and family regarding your spouse’s drunkenness or drug use;
• Failed employer drug tests or loss of a job due to drunkenness or drug use;
• Records from medical facilities or rehabilitation centers;
• Records of arrests for DUI or possession of drugs;
• Records of purchases from liquor stores, wine shops, etc.; and
• Audio and/or video records that show your spouse intoxicated

Physical Cruelty is One of the Grounds for Divorce in South Carolina

Physical cruelty is one of the fault-based grounds for divorce in South Carolina. To obtain a divorce on the ground of physical cruelty, one must be able to show that your spouse’s conduct created a substantial risk of death or serious bodily harm that makes living together unsafe. In South Carolina, the spouse alleging physical abuse must prove his or her case by a “preponderance of the evidence,” which is evidence that convinces the court of its truth. The family court judge will make the ultimate determination, and your divorce lawyer will be able to review the facts of your case and what evidence you have, and help you decide if you have enough evidence to prove your case. For more information, read our article on getting a divorce in South Carolina based on physical cruelty.

There are many ways to prove physical cruelty, such as:

• Testimony from you, friends, and family regarding your spouse’s physical cruelty;
• Photographs of injuries;
• Medical records covering treatments for injuries;
• Records from law enforcement, such as 911 calls and incident reports; and
• Records of arrest for criminal domestic violence;

Other than being a ground for divorce, physical cruelty can have drastic effects on a divorce case. If custody is involved, the abuser is unlikely to get custody, and their visitation may be severely restricted, or they may have no visitation at all. Also, physical abuse is a factor for the Court to consider when awarding alimony or when dividing the marital property. For example, in one South Carolina case, the family court awarded permanent alimony on a marriage that was barely one year long, where one spouse was abusive on repeated occasions.

Abandonment/Desertion for a Period of One Year is One of the Grounds for Divorce in South Carolina

Abandonment or desertion is one of the fault-based grounds for divorce in South Carolina. While divorce on the ground of desertion was once the most common ground for divorce, this is not a ground that we see very often in family court nowadays. Rather, most divorces are granted on the grounds of one year’s continuous separation.

One Year’s Continuous Separation is One of the Grounds for Divorce in South Carolina

One year’s continuous separation is one of the grounds for divorce in South Carolina. This is a “no-fault” ground. The parties do not need to file anything with the court to start this one-year clock, but simply need to begin living in separate homes for at least one year.

To prove one year’s continuous separation, you must:

• Testify that you have lived apart from your spouse for at least one year; and
• Have an independent witness testify that you have lived apart from your spouse for at least one year.=

What is the Significance of Fault-Based Grounds for Divorce in South Carolina?

The significance of fault-based grounds for divorce in South Carolina, such as adultery, is that “fault” impacts whether one spouse pays for the other spouse’s attorney’s fees. Fault is also one of the factors for deciding alimony and for how the family court divides the parties’ assets. Lastly, fault can impact child custody and visitation. First, let us examine these four fault-based grounds in greater detail.

Is Emotional Abuse or Mental Cruelty One of the Grounds for Divorce in South Carolina?

We know that a spouse’s emotional abuse or mental cruelty can take its toll on you both psychologically and physically. In fact, many of our clients come to us seeking a divorce because their spouse is cruel to them or the parties’ children. Unfortunately, emotional abuse or mental cruelty is not one of the grounds for divorce in South Carolina. Essentially, South Carolina’s laws have not kept up with the reality that emotional or mental abuse can be as harmful as physical abuse.

Is Child Abuse Grounds for Divorce in South Carolina?

Tragically, while physical cruelty to a spouse is grounds for divorce in South Carolina, child abuse is not. In other words, if your spouse physically abuses you, they have committed marital “fault” upon which you can base your divorce. However, if your spouse physically or sexually abuses your child, that is not marital “fault” upon which you can base a divorce.

Charleston Lawyers for Divorces in South Carolina

If you are getting a divorce in Charleston, Berkeley, or Dorchester, contact us today. Our divorce lawyers are here to guide you through the family court every step of the way. We’re practical, efficient, and reasonably priced. We don’t take risks with your family, money, or future.

Contact our Charleston divorce lawyers at Futeral & Nelson, LLC today to discuss your case.