Grounds for Divorce
Few people expect their marriage to end in divorce. However, divorce does become an unfortunate reality for many couples. If you are considering a divorce, it is important to understand the grounds for divorce in South Carolina. In this article, we will discuss some common grounds for divorce in our state.
Divorce is a rigorous process that often requires the help of a good lawyer. Sarah Henry is experienced in handling all types of divorce cases and will work with you to achieve the best possible outcome for your case.
Five Common Grounds for Divorce in South Carolina
1. Adultery (Fault Divorce)
A common ground for divorce is adultery. In order to file on this ground, you must be able to prove that your spouse had an affair. In South Carolina you do not have to catch your partner in the act, and only have to prove they had the inclination and the opportunity to have the affair. This can be difficult to do if your spouse is not cooperative. However, there are ways to gather evidence of an affair, such as hiring a private investigator or looking through phone and social media records.
If you are a victim of adultery, you may be feeling a range of emotions, including betrayal, anger, and sadness. It is important to remember that you are not alone and that there are people who can help you through this difficult time.
2. Habitual Drunkenness or Drug Use (Fault Divorce)
In a case where your spouse has a problem with alcohol or drugs, it can be grounds for divorce. This is because these substances can cause problems in a marriage, such as financial problems, infidelity, child endangerment, and domestic violence. If you can prove that your spouse’s drinking or drug use is causing problems in your marriage, you may be able to get a divorce on this ground.
3. Desertion (Fault Divorce)
Desertion is another ground for divorce. This occurs when one spouse leaves the marriage or home without the intention of returning without justification or the consent of the other party. In order to get a divorce on this ground, you must be able to prove that your spouse left you and had no intention of returning.
4. Physical Cruelty and Abuse (Fault Divorce)
Does your spouse physically abuse you or your children? If so, domestic violence can be grounds for divorce. Physical abuse can include a range of attacks, including slapping, rape, and more.
If you are a victim of physical abuse, it is important to get help from a professional. There are resources available to help you if you are in an abusive situation.
5. Living Apart for More Than One Year (No-Fault Divorce)
In some states, you can get a divorce if you and your spouse have been living apart for a certain period of time. In South Carolina, the law permits divorce if you have lived away from your partner for more than one year. If you have been living apart from your spouse, you may be able to get a divorce on these grounds.
How to Prove Grounds for Divorce
If you are considering a divorce, it is important to understand how to prove grounds for divorce. Each state has different laws, so South Carolina residents will need to file for divorce based on the grounds described above.
Remember that, in South Carolina, you still have to prove your grounds for divorce even on the no-fault grounds above. That means you’ll need to provide a witness outside either party in the divorce. This witness will need to confirm that you’ve lived separately for more than one year.
Because you’ll need to take steps to prove you have grounds for divorce no matter what, having a lawyer on your side can make a big difference. Your lawyer can help you gather the evidence you need and take action now on your divorce, and they can represent you in the courtroom when your court date arrives.
Get Legal Help at Sarah Henry Law Now
Divorce can be a complex and emotionally charged process. If you are considering a divorce, it is important to speak with an experienced divorce lawyer who can help you understand the grounds for divorce in your state and protect your rights.
Sarah Henry Law has experience handling all types of divorce cases and will work with you to ensure the best possible outcome for your case. Contact us today through our form or at 864-478-8324 to schedule a consultation.