Does South Carolina recognize no-fault divorce only or do they recognize both no fault and traditional grounds divorce?
Is South Carolina a no-fault divorce state? South Carolina allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in South Carolina may be “irreconcilable differences”, or similar grounds.
What makes a no fault divorce in SC?
For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year. For a fault-based divorce, South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.
What are the grounds for divorce in South Carolina?
South Carolina recognizes no-fault and fault based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.
Are there any states that have no fault divorce?
There are 17 states that are “true no-fault” divorce states, where the only option for divorce is on no-fault grounds. The remaining 33 states still have fault-based divorces. Over the years, states wanted the courts to look less at whether a spouse was at fault for the marriage,…
What is considered marital fault in South Carolina?
South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.* Marital Fault is also a factor that may be taken into consideration in regards to equitable division of marital property and spousal support/alimony.
Should I file for fault or a no fault divorce?
Even though a spouse may be able to prove fault grounds for divorce, a no-fault divorce should always be considered. This may seem confusing, but there are practical and strategic reasons why divorce lawyers sometimes recommend pursuing a no-fault divorce even if fault-based grounds exist.
What are the causes for divorce in South Carolina?
- Physical cruelty
- Habitual drunkenness (alcohol or drugs)
South Carolina has five grounds for divorce. They are listed in S.C. Code § 20-3-10. Four are considered fault grounds: adultery; habitual drunkenness or narcotics abuse; physical cruelty and one year’s desertion.
What are the laws for divorce in South Carolina?
There are many South Carolina divorce laws. Generally speaking, divorces can be granted on the no-fault basis of one year continuous separation or on the fault grounds of adultery, habitual drunkenness, physical cruelty, and desertion for a period of one year (which is not really used anymore).