South Carolina Law Firm Video Frequently Asked Questions
Grounds for Divorce
If you have considered divorce or separation, you have probably wondered what reasons South Carolina acknowledges to get a divorce, and whether you need a valid reason. There are five legal grounds for divorce in South Carolina, made up of four fault-based grounds and one no-fault ground. The four fault-based grounds are: adultery, physical cruelty, habitual drunkenness or drug use, and desertion. The no-fault ground is one year’s continuous separation. If you don’t have a basis to file for divorce on a fault ground, it is still important to speak with a family law attorney, either before you separate or soon thereafter because they can walk you through the process of still filing an action for a Decree of Separate Maintenance, which is an action that helps provide you, your children and your family with predictability and a sense of finality even if you have not reached that full one year mark of continuous separation.