Grounds for Divorce in South Carolina

Choosing grounds affects timing and proof. Most couples use no-fault to reduce conflict and cost, but fault grounds are available.

No-Fault Ground

Living separate and apart for one continuous year with no cohabitation. A corroborating witness usually confirms the separation at the hearing.

Fault Grounds

Adultery, physical cruelty, habitual drunkenness or drug use, and desertion for at least one year. Fault requires proof and typically increases time and expense. Fault may influence certain outcomes; notably, a spouse who commits adultery before a final agreement or order is entered is barred from receiving alimony.

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FAQs

Do I have to prove fault to get divorced in South Carolina?
No. Most divorces proceed on the one-year separation no-fault ground.

Can adultery affect alimony in South Carolina?
Yes. If a spouse committed adultery before a settlement or order, that spouse is barred from receiving alimony.

Does choosing fault make things faster?
Usually no. Fault claims require evidence and often add time and cost.