Grounds for Divorce -
South Carolina Code lists the grounds for divorce in Section 20-3-10:
Adultery
Desertion for a period of one year
Physical cruelty
Habitual drunkenness (including habitual use of narcotic drug)
Husband and wife living separate and apart without cohabitation for a period of one year.
Residence requirement -
To file for divorce in South Carolina you must have resided in the state at least one year, or your spouse must have lived in South Carolina for at least one year. If both parties live in the state, only three months are required.
Persons in South Carolina on active military duty do not have to have South Carolina as their home of record in order to file for divorce here.
Court -
Divorce cases are filed in the court of common pleas in the county (a) in which the defendant resides at the time of filing, (b) in which the person filing resides if the defendant is a nonresident or cannot be found, or (c) in which the parties last resided as husband and wife unless plaintiff is a nonresident. South Carolina Code Sections 20-3-50 and 20-3-60.
Waiting periods -
No final decree can be granted for at least three months after filing, except that a divorce on the grounds of desertion or separation for one year can be issued after responsive pleadings or a finding of "default" (no responsive pleading filed when due). South Carolina code Section 20-3-80.
Alimony and suit money -
Either party may seek alimony or an allowance for suit money. Such award may be temporary or permanent. No alimony may be awarded to a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. South Carolina Code Sections 20-3-120 and 20-3-130.
Contact Karen S. Hindson P.C. to discuss your personal situation and how the law applies to your facts.