What Are the Grounds for Divorce in South Carolina?

Deciding to end a marriage is rarely easy. In a fault-based divorce, the individual who files must identify a legally recognized reason for dissolving the marriage. Understanding which grounds for divorce apply to your situation is important in the early stages of divorce and can affect how some issues in your case will be resolved.

Grounds for Fault-Based Divorce in South Carolina

South Carolina recognizes four grounds for divorce, which are identified in South Carolina Code Section 20-30-10.

Adultery

To seek divorce on the grounds of adultery, you do not need to prove it actually occurred. You can prove adultery by showing the “inclination and opportunity” to commit it. Inclination can be established by showing your spouse had a romantic interest outside of the marriage, such as joining online dating sites or sending romantic texts or emails to someone outside the marriage. Opportunity can be established by showing your spouse had a chance to act upon their inclination, such as spending the night in a hotel room with someone they are not married to.

In South Carolina, proving one spouse committed adultery bars that spouse from receiving alimony.

Desertion/Abandonment for One Year

Proving abandonment or desertion requires showing that the couple has lived in separate homes for at least one year.

Physical Cruelty

To obtain a divorce on the grounds of physical cruelty, you must show that your spouse’s conduct created a substantial risk of death or serious bodily harm that makes living together unsafe. The spouse claiming physical cruelty must prove their case by a preponderance of the evidence. You can prove physical cruelty by presenting:

• Testimony from you, friends, or family about your spouse’s cruelty
• Photographs of injuries
• Medical records regarding treatment for injuries
• Records from law enforcement
• Records of arrest for domestic violence

Proving physical cruelty can impact a divorce in other ways. The abuser may not be granted visitation rights or they might be restricted. The court can also consider physical abuse as a factor when awarding alimony and dividing marital assets.

Habitual Drunkenness

To prove habitual drunkenness or narcotics abuse, you must show your spouse’s habitual use of alcohol or narcotics caused the breakdown of the marriage and the alcohol or drug abuse occurred at or near the time of filing.

Common methods of proving alcohol or drug abuse include:

• Testimony from you, friends, or family
• Failed drug tests or loss of employment due to alcohol or drug use
• Records from medical facilities or rehabilitation centers
• Records of arrest for DUI or drug possession
• Records of purchases from liquor stores
• Audio or video records showing your spouse intoxicated

Is Child Abuse Grounds for Divorce in South Carolina?

While physical cruelty to a spouse is grounds for divorce, child abuse is not. A spouse who physically abuses their partner has committed a “fault” upon which divorce can be granted. But physical abuse of a child is not a marital “fault” upon which divorce can be granted.

Residency Requirements to File for Divorce in South Carolina

If both spouses live in South Carolina, you can file for divorce if both of you have lived in the state for at least three months before filing.

If only one spouse is a South Carolina resident, the individual filing must have lived in South Carolina for at least one year before filing.