South Carolina law recognizes specific grounds for divorce in South Carolina that determine how you can legally end your marriage. Understanding these grounds helps you choose the right path forward and prepare for what lies ahead. Whether you pursue a no-fault or fault-based divorce affects your timeline, legal strategy, and potential outcomes for property division, alimony, and custody.
Contact Turner Family Law to schedule a consultation with a reputable divorce lawyer in South Carolina. We are a full-service family law litigation firm that can evaluate your situation and guide you through this challenging process.
No-Fault-Based Grounds for Divorce in South Carolina
No-fault divorce allows couples to end their marriage without proving wrongdoing by either spouse. South Carolina offers a single no-fault option that requires only the passage of time and continuous separation.
Separation for One Year
Couples who live separately and apart for one continuous year can file for divorce without proving marital misconduct. Living in separate residences for the entire 12-month period satisfies South Carolina’s only no-fault basis for ending a marriage.
Fault-Based Grounds for Divorce in South Carolina
Fault-based divorce requires you to prove your spouse committed specific marital misconduct recognized under South Carolina law. The state established four statutory grounds for divorce in SC that allow immediate divorce filings without waiting through a separation period.
Adultery
When your spouse engages in cheating or extramarital sexual relations, you can file for divorce based on adultery. Proving adultery requires evidence showing your spouse had sexual relations with someone other than you, which can include witness testimony, electronic communications, or circumstantial proof.
Desertion for a Period of One Year
Your spouse’s willful abandonment for one continuous year provides grounds for divorce in South Carolina. Desertion occurs when your spouse leaves the marital home without justification, refuses to return, and has no intention of resuming the marital relationship.
Physical Cruelty
Physical violence or the threat of physical harm that endangers your life, health, or well-being constitutes grounds for divorce. South Carolina law recognizes that spouses should not endure abuse, and physical cruelty provides immediate grounds for ending the marriage.
Habitual Drunkenness or Drug Abuse
Your spouse’s repeated alcohol abuse or drug use that began after your marriage provides grounds for divorce. The substance abuse must be habitual rather than isolated incidents, demonstrating a pattern of behavior that affects the marital relationship.
Residency Requirements for Divorce in South Carolina
South Carolina requires at least one spouse to have lived in the state for at least one year before filing for divorce, or for both spouses to be South Carolina residents at the time of filing. Meeting residency requirements establishes the court’s jurisdiction over your divorce case.
How Does a South Carolina Divorce Lawyer Help?
Divorce requires navigating detailed legal steps, extensive paperwork, and critical choices that can shape your finances and family dynamics. An attorney experienced in divorce matters can guide you through each phase of the process. The divorce lawyers at Turner Family Law:
- Evaluate your case: Our divorce lawyers assess which grounds for divorce in South Carolina best suit your situation and explain the advantages and disadvantages of each option.
- Gather evidence: We collect documentation, witness statements, and other proof needed to support fault-based claims or defend against accusations.
- Navigate court procedures: Our South Carolina divorce attorneys handle all filings, deadlines, and appearances in family courts and county courts to ensure compliance with legal requirements.
- Negotiate settlements: We work to reach fair agreements on property division, alimony, child custody, and support without unnecessary litigation.
- Protect your interests: We advocate for outcomes that protect what matters most to you and restore clarity in times of uncertainty.
Under S.C. Code Ann. § 20-3-10, South Carolina recognizes the five grounds discussed above as valid reasons for divorce in South Carolina. At Turner Family Law, we help you determine which ground provides the strongest foundation for your case and develop a strategy that positions you for the best possible outcome.
Divorce Cases Turner Family Law Handles
Our firm assists clients with every kind of divorce case, from simple uncontested matters to high-conflict litigation involving significant assets and disputed custody issues. Our services include:
- Contested divorces: When spouses cannot reach an agreement on issues such as grounds for divorce, property division, alimony, custody, or support, court intervention becomes necessary. If negotiations break down, we provide strong litigation support to safeguard your rights.
- Uncontested divorces: Couples who reach an agreement on all divorce terms need efficient legal processing to finalize their separation. We streamline paperwork and court procedures to ensure your uncontested divorce is completed quickly.
- High-asset divorces: Complex financial portfolios involving business valuations, investment accounts, real estate holdings, and retirement assets demand sophisticated analysis. Our firm collaborates with forensic accountants and appraisers to ensure accurate valuation and equitable distribution.
- Same-sex and LGBTQIA+ divorces: LGBTQIA+ couples face unique considerations regarding property acquired before marriage equality and adoption of children. We provide knowledgeable representation that addresses these specific legal challenges.
- Collaborative divorces: Couples seeking alternatives to traditional litigation can work cooperatively with their attorneys to negotiate settlements outside court. Our divorce lawyers facilitate productive discussions that preserve relationships while protecting your interests.
- Divorce with a business: Family-owned businesses require careful valuation, consideration of each spouse’s contributions, and decisions about ongoing operations. We protect your ownership interests and develop solutions that preserve business viability.
- Divorces involving domestic violence: Cases where abuse requires protective orders and special considerations for custody and visitation.
Life circumstances change after divorce, and South Carolina law allows modification of custody, visitation, child support, and alimony orders when substantial changes occur. We help clients seek modifications when job loss, relocation, remarriage, changes in children’s needs, or other significant events warrant adjustments to existing court orders. Our firm also defends against modification requests that lack merit or would harm your interests and your children’s well-being.
Contact a Qualified South Carolina Divorce Attorney Now
If you are considering divorce or are already going through the process, we encourage you to contact our attorneys. Call or reach out online to schedule a consultation to discuss your situation, get clear answers to your questions, and determine whether Turner Family Law is the right fit for your needs.
