How Do South Carolina Courts Handle Domestic Violence in Divorce Cases?

Divorce is rarely simple, but when domestic violence is an issue, the stakes are even higher, and the legal landscape becomes far more complex. South Carolina recognizes domestic violence in divorce cases as a fault-based ground for divorce, classifying it under the legal term “physical cruelty.” This distinction can affect how the divorce proceeds. Fault-based divorce for physical cruelty is not subject to the one-year separation period that is required in a no-fault divorce. Domestic violence can also affect decisions on child visitation, alimony, and property division.

Domestic Violence as Fault-Based Grounds for Divorce

In South Carolina, divorce can be granted on fault and no-fault grounds. When domestic violence is the basis of fault-based divorce, it is classified as “physical cruelty.” A spouse who shows that domestic violence occurred can bypass the one-year separation period that is required in a no-fault divorce. This can accelerate the divorce process and help the abused spouse obtain critical legal protection without being forced to remain in a dangerous situation any longer than is necessary.

When domestic violence is the grounds for divorce, gathering and presenting evidence is key. Police reports, medical evidence, photographs of injuries, and witness testimony can establish domestic violence as fault-based grounds for divorce.

While seeking a divorce because of domestic violence can be emotionally difficult, it can have significant strategic benefits.

Impact of Domestic Violence on Child Visitation

A showing of domestic violence in divorce cases can influence child visitation decisions. The court is guided by the best interests of the child. The court will consider whether a child has been directly abused, witnessed domestic violence, or was exposed to an unsafe environment. Even when a child has not been directly abused, courts recognize that exposure to domestic violence can cause lasting harm.

An abusive spouse may be denied overnight visits, or the judge may require supervised visitation. In extreme cases, the court can disallow visitation altogether.

When a protective order has been issued, the court must structure the visitation schedule so the protective order is respected. This may include a supervised child exchange or limitations on communications between the parents.

Effect of Domestic Violence on Property Division

South Carolina is an equitable division state, which means marital property is divided fairly, though not necessarily equally. While courts do not punish an abusive spouse by automatically awarding more property to the non-abusive spouse, domestic violence may still be considered when determining a fair division of property.

For example, the court will consider whether one spouse was unable to maintain employment or financially contribute to the household because of domestic violence. Similarly, domestic violence that resulted in medical expenses or other financial burdens can affect the division of marital assets.

Ultimately, judges have discretion to consider the impact of domestic violence when dividing marital property.

Domestic Violence and Alimony

Spousal support, or alimony, is the area where domestic violence may have the most impact. When deciding whether to award spousal support and in what amount, courts can consider marital conduct, among other factors. If the court determines that domestic violence harmed the marriage, that could influence the court’s decision on alimony.

For example, the non-abusive spouse may receive a larger alimony award if the domestic violence caused financial instability, or if the abused spouse left the workforce to care for the children and was unable to return due to physical or emotional harm. On the other hand, the abusive spouse may be denied alimony that they otherwise could have requested.

The Importance of Experienced Legal Representation

Domestic violence in divorce cases is one of the most complex family law cases, and having the right legal representation is critical. The family law attorneys at Brinkley Law Firm can help by:

• Providing legal representation in court proceedings on protective orders
• Collecting and presenting evidence regarding domestic violence
• Advocating to protect children from further harm
• Ensuring property division and alimony decisions reflect the impact of domestic violence