In South Carolina, married people cannot obtain a divorce unless one of the spouses brings a lawsuit requesting a divorce in the Family Court, and a ground recognized by the state of South Carolina exists to justify a granting of the divorce.
In South Carolina there are five (5) grounds for a divorce, 4 of which are “fault” grounds:
2. Desertion (abandonment);
3. Habitual Drunkenness, which includes use of illegal drugs
and abuse of prescription drugs;
4. Physical Cruelty;
5. Separation for one (1) year- this is sometimes called the “no-fault” ground.
In the event that a ground does not exist for a divorce, if the parties have separated one spouse may file for what is called a “Decree of Separate Maintenance,” which will allow for the resolution of many of the issues that can be decided by way of divorce. Please note that if a party is accused of behavior that could result in a fault-ground divorce, the party accused may have defenses available.
If you have any questions about divorce or family law, call the Spartanburg Divorce Lawyers at Holland & Usry toll free at 888-230-1841 or 864-582-0416 to schedule a consultation to discuss your case.