What are the causes for divorce in South Carolina?

Answer 1

I think that you mean the grounds for divorce.

No-Fault Divorce: (1) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.

This means that you must actually physically separate and live in separate houses for one year. You cannot remain in the same house and obtain a South Carolina no fault divorce.

Fault: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug.

For adultery you will need to prove inclination and opportunity. Even if one party admits to adultery, that is not sufficient grounds for a divorce. Normally such evidence is gathered by retaining a private investigator.

Desertion or more commonly called abandonment must be the complete cutting off of contact and support.

Physical cruelty requires some proof of the abuse such as doctor's reports. A single incident will probably not be sufficient cause, you will need to show a repetitive pattern. Mental or verbal abuse is not a grounds for divorce in South Carolina.

Habitual drunkenness is not going out on every Saturday night and getting loaded. It means that it is an everyday thing that prevents the person from performing the normal activities of everyday life. "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, 312 S.C. 411, 414, 440 S.E.2d 884, 885 (1994).

For all of the grounds for a South Carolina divorce the court will require sufficient evidence and the actual testimony of a third party witness. Just an admission by a party is not sufficient proof.

Answer 2

Here are the grounds for a South Carolina divorce

No-Fault Divorce: (1) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.

This means that you must actually physically separate and live in separate houses for one year. You cannot remain in the same house and obtain a South Carolina no fault divorce.

Fault: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug.

For adultery you will need to prove inclination and opportunity. Even if one party admits to adultery, that is not sufficient grounds for a divorce. Normally such evidence is gathered by retaining a private investigator.

Desertion or more commonly called abandonment must be the complete cutting off of contact and support.

Physical cruelty requires some proof of the abuse such as doctor's reports. A single incident will probably not be sufficient cause, you will need to show a repetitive pattern. Mental or verbal abuse is not a grounds for divorce in South Carolina.

Habitual drunkenness is not going out on every Saturday night and getting loaded. It means that it is an everyday thing that prevents the person from performing the normal activities of everyday life. "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, 312 S.C. 411, 414, 440 S.E.2d 884, 885 (1994).