( 300+)When a relationship starts to falter, one spouse might desert the other. In South Carolina, abandonment in marriage can have legal consequences when it comes to divorce. This is one of the few “fault” grounds recognized under South Carolina law. If you were abandoned by your spouse, then you should contact a Greenville divorce attorney to discuss legal options, including divorce.
Our firm can assist in the divorce process, which can become complicated if we cannot locate your spouse.
What is Abandonment in a Marriage?
Abandonment is distinguished from separation. A separation is a voluntary, mutual agreement between spouses to live apart. A voluntary separation is a classic example. Some couples agree to a trial separation to see if they want to continue being married.
By contrast, abandonment consists of one spouse deciding to desert the other and never return. A spouse might simply get up one morning and drive away, never to be heard from again. That is abandonment.
Spouse Abandonment is a Fault Ground
Under South Carolina Code § 20-3-10, desertion is recognized as one of the few reasons for a court to grant a divorce. The others are:
- Physical cruelty,
- Adultery,
- Habitual drunkenness or drug addiction, or
- Living separately and apart for at least one year.
Many people confuse desertion with living separately, which is understandable. Each has a one-year requirement. However, the difference lies in whether the couple has agreed to live separately or whether one spouse has made a unilateral decision to leave.
If you are considering divorce, then you should contact an attorney to discuss your options. Most couples voluntarily live separately, and they get orders for child support, alimony, and custody while living apart. After a year has passed, they can get divorced under the state’s no-fault option.
What Qualifies as Abandonment?
Abandonment is much more than simply leaving or living separately. Instead, desertion consists of living apart without the consent of the deserted spouse. Desertion also has no justification, such as a desire to get away from an abusive spouse.
In South Carolina, desertion has a one-year requirement. Your spouse could have left nine months ago, only to return. In that case, you have not been abandoned under the law.
There are certain elements you will need to prove if you want to claim abandonment as a fault ground for divorce. You will need to prove the separation was intentional and there were no prospects of reconciliation.
- Willful Departure
The first element is showing your spouse left the relationship on their own initiative and intentionally. In short, you need to show this wasn’t a mutual decision to get some breathing room from each other.
Some evidence can include text messages or emails, or even face-to-face communications before your ex hopped in the car and drove off. Look for evidence that shows they are not leaving temporarily or simply to cool off.
We should emphasize: abandonment means physically leaving the home. A person might feel “abandoned” because they are no longer receiving emotional support from their spouse, or their spouse does not talk to them. That is not the type of departure required by the law. At its most simple, abandonment requires your spouse to physically leave.
- Intent to Never Return
Abandonment is not temporary separation. The spouse who leaves intends to never come back.
Proving someone’s intent is difficult. How do we really know whether your spouse intended to come back?
Again, we might use text messages or conversations to establish this intent. Your spouse might flat-out tell you they are leaving and “never coming back.” Other evidence could include your spouse buying a new home in a different area or even getting a new full-time job. These actions show an intent to live in a different location permanently.
- Continuous Separation for a Year
South Carolina requires abandonment for at least a year to qualify for divorce. This means your spouse stays away for a year. Often, we rely on witness testimony to prove that your spouse has never come back. We might also try to document your spouse’s new life in a different location to show they are settled in a different city or county.
What happens if you briefly reconcile, only to split up again? That often happens when couples are trying to work through their problems. Your spouse might leave for six months only to show up at the doorstep. Any type of brief reconciliation could actually start the one-year clock all over again.
Should You Abandon Your Spouse?
Unlike other states, South Carolina does not offer a fast, no-fault option. In some parts of the country, people can file for divorce after being residents for only a few months. Instead, you will need to wait at least a year if you voluntarily decide to live separately and apart in South Carolina.
Some people might be tempted to simply abandon their spouse to speed things up. Is this a sensible option?
The answer is “no.” South Carolina requires that abandonment last for at least one year, so you gain no advantage by fleeing the home instead of hammering out a mutual separation with your spouse.
Further, separation can provide legal protections in the form of child custody, support, and alimony orders.
An intentional, thought-out separation is the best bet if you see an end to your marriage on the horizon. Desertion can also have negative impacts on the rest of the divorce, especially with child custody. A parent who deserts their children will have a hard time arguing they deserve custody of those same children. Contact Elliott Frazier — Family, Personal Injury & Car Accident Attorneys, LLC to discuss the best way to end your marriage. Thoughtful planning today can reap many benefits down the road.
Schedule Your Consultation by Calling Us Today
Angela Frazier is a leading Greenville divorce lawyer who represents a range of clients. Contact our office to speak about abandonment, separation, or any other family law issue in a private setting.
