Divorce laws in South Carolina

It has been confirmed that Blake Lively and Ryan Reynolds were married at Boone Hall Plantation in Mt. Pleasant, South Carolina, just outside of Charleston. This is the second marriage for Reynolds, who married Scarlett Johansson in 2008 and divorced two years later citing irreconcilable differences.

South Carolina does not recognize irreconcilable differences as a ground for divorce, instead South Carolina’s no fault ground for divorce is one year’s continuous separation. The parties must be separated for a year or more in order to obtain a divorce based on this ground.

South Carolina also has four fault grounds for divorce: adultery, physical cruelty, habitual intoxication, and desertion. In order to obtain a divorce in South Carolina, a party must be a South Carolina resident for a year prior to the action being filed. If both parties reside in South Carolina, the residency requirement is three months.

In order to be granted a divorce based on adultery, the party must show that their spouse had the opportunity to commit adultery, and is inclined to do so. Opportunity can be proven by offering evidence that a spouse was alone in a private location with a member of the opposite sex and inclination can be shown through evidence of affection, for example, pictures of the couple embracing, kissing or holding hands.

In order to be granted a divorce based on physical cruelty, there must be evidence of violence that causes unsafe cohabitation. Slapping, hitting is generally not enough evidence, however, a serious violent act may be enough for a party seeking a divorce in South Carolina based on physical cruelty. It is important to note that mental or emotional cruelty is not a recognized ground for divorce in South Carolina.

In order to obtain a divorce based on habitual drunkenness or drug use, a spouse must prove that the drunkenness or drug use contributed to the break down of the marriage. A spouse must also prove that the dry or alcohol abuse is frequent or a fixed habit.

It is important to discuss these grounds with a Myrtle Beach divorce lawyer if you are thinking about getting a divorce in South Carolina.

Contact a divorce attorney today in Myrtle Beach South Carolina if you have questions relating to divorce, child support, child custody, visitation rights, alimony and property division.

The Mace Firm and the Myrtle Beach divorce lawyer handles Family law cases in the Myrtle Beach area, including divorces, child custody and visitation cases.

Comments are closed.