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Legal Information: South Carolina

Divorce

Updated: 
November 13, 2023

What are the grounds for divorce in South Carolina?

Grounds are legally acceptable reasons for divorce. You can get a divorce in South Carolina without claiming that your spouse is at fault if you and your spouse live separate and apart without “cohabitating” for at least one year. Cohabitating means that you and your spouse lived together as if you were a married couple.

The judge can also grant you a divorce in South Carolina for certain “fault-based” grounds. The judge can grant you a fault-based divorce if your spouse:

  1. committed adultery;
  2. deserted you for at least one year;
  3. was physically abusive in such a way that your life and safety were at risk, and you would be unsafe if you continued living with her/him; or
  4. is under the influence of alcohol or drugs on a regular basis.1

1 S.C. Code § 20-3-10

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