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.
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).
Why not at south carolina? As you are living in south carolina,it will be better for you to file divorce at carolina. The answer is no. You will have to file for your divorce in South Carolina but you have to have resided in South Carolina for at least one year.
probably
In most states, including South Carolina, you do not have to return your wedding ring when you divorce. If the marriage was consummated, you have done your part to keep the ring.
90 days
Marital property in a South Carolina divorce is divided in an equitable manner. Normally that ends up being a fifty fifty split but in some cases it can be as much as 60 to one and 40 to the other. Click on the link below for a full discussion on the division of marital property in South Carolina.
You file for divorce in the state where you are a legal resident, regardless of where you were married.
Ansewer to CHEIKH CODé GUEYE Declaration of the immediate causes which induce and justify the secession of South Carolina from the federal union.
Yes, you can still get a divorce. You need to contact your husband so the correct papers can be signed from your lawyer.
The Constitution of South Carolina prohibited divorce from 1895 until 1949, when it was amended to permit divorce upon certain, specified grounds. These grounds have been expanded somewhat by subsequent amendment. See http://www.scstatehouse.gov/scconstitution/a17.php, Article XVII, Sec. 3.
That is really a question for your divorce attorney. It depends on your particular case, if there are children, etc. There is a sample complaint at the link below.
There is no such thing as a common law divorce. However, you are not common law married until and unless you get a decree of common law marriage from a judge. The link below is a full discussion of South Carolina Common Law Marriage.
You can refuse to sign divorce papers in Texas. The divorce will eventually move ahead and along without the signatures.