What are South Carolina Divorce Grounds?

In general, there are only a few broad issues involved in a divorce case.  Those issues are grounds for divorce, division of property and debts, custody of children, child support, visitation, and alimony.  The first issue is the grounds for divorce.  Basically what divorce grounds are is the reason for the divorce.  In South Carolina, the law provides for five divorce grounds.  They are:

  1. Physical Cruelty;
  2. Habitual Drunkenness or Drug Abuse;
  3. Adultery;
  4. Abandonment; and
  5. More than one years continuous separation.

The first four legal grounds for divorce are “fault-based” and the fifth groiund is the no-fault ground in South Carolina.  Basically, the ground you choose will determine that type of evidence and proof you must show the Family Court in order to be granted a divorce in your case.  Some grounds require stricter levels of proof while others just require the corrorboration of one witness.

We will begin to discuss each of the grounds specifically in later posts.

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