South Carolina allows someone to file for divorce under five grounds. These include the following:
• Adultery • Physical Cruelty • Habitual Drunkenness or Drug Abuse • Desertion for a Period of One Year
• Continuously Living Separate and Apart for One Year
Even in cases where the divorce is uncontested, a witness will be necessary to prove the grounds for divorce.
If you do not have grounds for divorce, you may have an action for Separate Support & Maintenance if you are not currently living with your spouse. Under this action, the family court may deal with all issues that are typically addressed in a divorce, but not the actual divorce itself. These issues may include child custody and/or support, alimony, and division of assets and/or debts. It is not uncommon for couples to go through this action and then be granted a divorce once the required one year period of separation has run its course.
The law varies according to individual cases, and the above may not apply to your situation. The above message is intended for informational purposes only and not to be construed as legal advice for any individual. Please call us for a consultation to determine how you should proceed.