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What are grounds for divorce in South Carolina?

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. One year’s separation is the no-fault ground. Since the length of separation for a no-fault divorce was reduced to the same time period as a desertion divorce, the use of desertion as a ground for divorce has almost ceased.

 

How does no-fault divorce work?

To obtain a divorce on the ground of one year’s separation, one does not have to file anything to start the year running; however, protecting your interests requires careful planning.  It is key that you have consulted with me prior to these legal proceedings.  No divorce is simple, so no one should be mislead by the term "no-fault".  Issues of child custody, child support, visitation and division of assets are all items the court must decide.

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"Divorce proceedings can be extremely complex and difficult.  The legal standards for proving at-fault divorce, for example, are often misunderstood.  Protecting your financial assets, planning new living arrangements, and handling child custody hearings are all very complicated legal proceedings.  Protect yourself by hiring us to represent your best interests."

- E. Delane Rosemond