Divorce

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Divorce

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Divorce and Family Court Appeals

The following is a breakdown of the current grounds for divorce in South Carolina:

GROUNDS FOR DIVORCE

South Carolina has four (4) grounds for divorce, which are as follows, with brief explanations of each:

1. Physical Cruelty - A single act of physical cruelty, which is severe and atrocious, accompanied by fear of another. However, not every slight act of violence is sufficient. It may be continued acts. It may be a course, which endangers life, limb or health and renders cohabitation unsafe. Tinsley v. Tinsley 483 S.E.2d 198 (Ct. App. 1997), Smith v. Smith 170 S.E. 2d 65, (1969).

2. Habitual Drunkenness - a fixed habit of frequently getting drunk. In order to prove habitual drunkenness, there must be a showing that the abuse of alcohol caused the breakdown of the marriage and that such abuse existed at or near the time of filing for divorce. Epperly v. Epperly, 440 S.E.2d 884 (1994), Rooney v. Rooney 131 S.E.2d 618, (1963).

3. Adultery - One act of adultery. Adultery is an act of sexual intercourse or sexual intimacy with someone other than the spouse. Nemeth v. Nemeth, 481 S.E.2d 181 (Ct. App. 1997). It can include homosexuality.

4. Continuous Separation/ NO FAULT DIVORCE - No fault divorce is a divorce granted based on a demonstration, by either husband or wife, that the parties have not lived together for more than one (1) year and all reasonable attempts at reconciliation have failed. Under this ground, there is no requirement to show wrong doing on the part of either party, but merely that there has been no cohabitation between them for a period of one (1) year. The living separate and apart language requires that the parties live under separate roofs for a period of one (1) year.

S.C. Code 20-3-10, (1976, as amended) Barnes v. Barnes 280 S.E.2d 538, (1981).

As a practical matter, a couple agreeing to a divorce can now negotiate a property agreement and other details. They then wait one year and get a “no fault” divorce. The Court is to approve such an agreement in a hearing if the agreement is fair to both spouses. If the couple cannot agree on a property settlement, the Family Court will decide how the property should be divided and what, if any, continued payment should be made by one to the other. The financial division made by the Court is based on factors listed later in this memorandum.

One can file suit for divorce even though still living together. Watson v. Watson, 460 S.E.2d 394 (1995).

Both parties may be awarded a divorce. Miles v. Miles, 397 S.E.2d 790 (S.C. Ct. App.1990).

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.