(150+)Are you considering a divorce in Greenville or elsewhere in South Carolina? You are certainly not alone. More than 10,000 couples end their marriage on average in our state each year. Going through a divorce can be complex, confusing, and stressful. South Carolina recognizes both fault-based divorce and no-fault divorce. Here, our Greenville divorce lawyer provides a comprehensive guide to the difference between the two types of divorce in South Carolina.
Know the Difference: Whether Court Recognizes a “Reason” for the End of the Marriage
Marriages end for a wide range of different reasons. In divorce, “fault” is a legal concept. A fault-based divorce is one in which a spouse has alleged that their partner’s conduct was the “cause” of the breakdown of the marriage. In contrast, a no-fault divorce is one in which a couple dissolves their marriage without the need to prove wrongdoing by either party. Put another way, the primary difference between a fault divorce and a no-fault divorce is whether a court will determine a specific legal cause for the end of the marriage.
The Grounds for Fault-Based Divorce in South Carolina
Some U.S. states are now exclusively no-fault divorce jurisdictions. That is not the case in South Carolina. Our state recognizes both fault-based divorce and no-fault divorce. There are several fault-based divorce grounds in South Carolina. Under South Carolina Code § 20-3-10, a spouse may allege any of the following in a fault-based divorce complaint:
- Adultery: Adultery occurs when one spouse engages in a voluntary sexual relationship with someone other than their spouse during the marriage. To prove adultery, there must be evidence indicating both the opportunity and inclination to commit the act. Notably, a finding of adultery in a divorce in South Carolina can affect alimony decisions.
- Desertion (Abandonment): Desertion happens when one spouse willfully leaves the other without justification and with the intent to end the marriage for a continuous period of one year or more. The abandonment must be intentional and without the consent of the other spouse. It demonstrates a refusal to fulfill marital obligations.
- Physical Cruelty: Physical cruelty refers to physical abuse or violence inflicted by one spouse upon the other. A single episode of severe physical harm or a pattern of abusive behavior can constitute grounds for divorce under this category. To be clear, a criminal conviction for domestic violence is not necessary to prove this ground.
- Habitual Drunkenness (or Drug Abuse): One spouse’s habitual and excessive use of alcohol or drugs could be grounds for divorce in South Carolina. To qualify, the substance abuse must negatively impact the marriage in some material matter. Evidence may include a pattern of intoxication and its detrimental effects on the family’s well-being.
Understanding the No-Fault Divorce Option in South Carolina
In South Carolina, there is one primary no-fault ground for divorce: One year of continuous separation: Under this ground for divorce, spouses can end their marriage after they have lived separate and apart without cohabitation for at least one year. During this time, the couple must not reside together or engage in marital relations. The separation demonstrates that the marriage has irretrievably broken down due to irreconcilable differences. Fault is not a factor. In South Carolina, there are no exceptions to the one-year continuous separation requirement. However, a fault-based divorce can be obtained without continuous separation. Though these divorces can be highly disputed, and may end up taking longer than one year.
A No-Fault Divorce in the More Common Option in Greenville, SC
In South Carolina, the majority of couples seeking a divorce opt for the no-fault. The main reason is due to its simplicity and less adversarial nature. Remember, a no-fault divorce does not require either spouse to prove misconduct. That often helps to reduce emotional stress and limit conflict during the divorce process. By relying on the one-year continuous separation ground, couples can avoid the complexities and potential public exposure of personal issues that come with fault-based divorces. It is an approach that often leads to a quicker and more cost-effective resolution. Most no-fault divorces in South Carolina are uncontested divorces. Broadly explained, an uncontested divorce is a fully settled divorce. A court is not needed to resolve any specific dispute.
Note: While they are relatively uncommon, it is possible to get an uncontested fault-based divorce.
If one spouse is willing to admit and accept fault—and take the consequences that come with it—then a fault-based divorce could be entered on uncontested grounds.
Divorce is About the Future
Divorce can be a stressful, emotionally charged process. Ultimately, it is about setting yourself up for a better future. That is true regardless of whether or not fault is an issue in your divorce case. Our Greenville, SC divorce lawyer is a fighter who helps clients navigate all aspects of divorce. Along with other things, this includes future-focused family law matters such as:
- Property division;
- Debt division;
- Alimony;
- Child custody;
- Child visitation; and
- Child support.
Angela Elliott Frazier is a Fighter You Can Depend On
While most divorces in South Carolina are no-fault divorces, a fault-based divorce may be the right option in certain circumstances. An experienced Greenville attorney, Angela Elliott Frazier has the skills, knowledge, and family law expertise to help you find the right solution for your specific situation. She puts the rights and interests of clients. You need comprehensive divorce representation—with a focus on all material family issues, from property division to child custody.
Get Help From Our Greenville, SC Divorce Lawyer Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South Carolina divorce attorney is a fighter for clients.
If you are going through a divorce, we can help. Contact us today to arrange a fully private, no-strings-attached initial consultation. With a law office in Greenville, we handle divorce cases throughout the region.
