There are five grounds for divorce in South Carolina. Four of these are fault-based: (1) Adultery; (2) Physical Cruelty; (3) Habitual Drunkenness (can be alcohol or drugs); and (4) Desertion. Fault can have a significant impact on the other issues in a divorce action.
If one of these fault-based grounds does not exist, the only other way to get divorced is to live separate and apart without cohabitation for a period of one year. This is considered to be South Carolina’s “no-fault” divorce.
Issues that can arise in a divorce may include, but are not limited to: custody, visitation, child support, uncovered medical expenses, educational expenses, health insurance, division of property and debts, alimony, tax matters, retirement issues, restraining orders and attorney fees.
If neither party has grounds for divorce, but marital issues need to be addressed, a party may be able to seek relief in an Action for Separate Support and Maintenance.
