Was the cause of your divorce the fights between you? Or both you and your partner were fighting over things regularly? Or is it because you simply do not love anymore? Here is the what are the grounds for divorce in South Carolina. Divorce rates have been on a downward trend in the US, but many couples still get a divorce now.
If you have decided to part ways with your partner then it is better to know the ground behind that divorce. Here is how you can do this and what the factors contributing to divorces in South Carolina are.
Table of Contents
No-Fault Grounds
Is this state a no-fault state? No fault allows the couple to separate from each other. And no one blames the other person. Here the court thinks that the couples simply lose affection for each other. Hence no one wants to stay together.
However, there are a few things to consider before going for no faults. The couple should live apart for a minimum of 1 year. This living apart period is known as the cooling-off period.
If the couples live together then there is a chance that they might change their mind. But if they are not living together it means that both of them want to separate on a good note.
Usually, there are no emotions involved in these divorces. and these are fast and the most straightforward divorces in South Carolina.
Adultery
The meaning of adultery is simple. It means your partner is having an intimate physical relationship with the other person. And if one of the partners gets to know about this. Then they have all right to file the divorce and use this excuse as a base.
But if you are using this as a base then you have to provide proof in the court. The extramarital cases require strong proof. Some pictures and videos will work best in these cases.
These cases are more complex and involve property division and emotions as well. In Greenville, SC, If adultery is proven, it can impact the court’s decision on alimony. This reduces or denies it to the unfaithful spouse. If you want to run this case smoothly then you have to take help from an experienced attorney. Those can help you protect your rights and give you other benefits too.
Desertion
When two person gets married then each one of them have to bear some marital responsibilities. And if one partner abandons the other without his or her consent. Then it means they are not following the basic marital responsibilities.
So If the spouse has left you and abandoned you without your concern then you can use this to fill a divorce. But there has to be a period for this. And it is one year. If abandoning continues for one year then it can be used as a base for divorce in South Carolina.
Desertion can take various forms, including physical departure from the marital home. It can also be emotional abandonment. Now these cases are complex too. Because to protect the rights of another spouse the court has made rules.
If you have solid evidence that your partner has abandoned you with complete will only then you can fill divorce in court. Now again the form of evidence can be any like witnesses, written documents, videos, and all.
Physical Cruelty
Using physical cruelty, here is that one partner abuses the other physically. They did harmful actions with their partner. The abusive acts need to be shown in court. So if there is any physical injury then you can take pictures. Your medical record after the injury will justify your side of the story in court.
Even after filling this as a base of your divorce the South Carolina court will still have time for you for the reconciliation. They give a certain time for this. And if this time you and your partner solve the matter. Then it is good otherwise the divorce will proceed.
Habitual Drunkenness or Drug Use
Excess drinking affects marriages a lot. And in South Carolina, If your partner is an excess drinker then you can use this as your base for education. But again you have to provide proof of drinking and abuse.
If your partner comes drinking once at home then you can not fill the case in court. If the matter continues for one year then you have all rights to go to court. When a person is drinking in excess then there might be some legal matter that happened to him. So all these are used in the court as evidence.
Child custody, visitation, and child support are so many cases that get involved in this case. So the court might think about the rehabilitation.
One-Year Separation due to Alcohol or Drug Abuse
If both the partners are living separately due to the alcohol abuse. And if the living period is over one year then they can file for a divorce in South Carolina. This type of divorce confirms that substance abuse is a base for divorce. And if you are filing these in the court then you will receive eye witness and documents and other kinds of proof in your favour.
It also recognizes the possibility of rehabilitation and reconciliation. During the one-year separation period if the abusive partner had taken help to get away from the addiction and do his recovery the the court decision might have changed.
Incurable Insanity
The mental health of the spouse is the main reason for the divorce here. You will require all the medical records to prove that your partner is not mentally stable. In these cases, one offender seeks help for their safety. But since the other one is suffering from a disease the court will try to protect the rights of both persons. These cases involve a psychiatrist’s medical reports and other proof. That can claim that the partner is mentally ill.
Know the Grounds for Divorce in SC Today
In conclusion, Here is what are the grounds for divorce in South Carolina. There are a lot of grounds in South Carolina for divorces. If you are thinking about filing for a divorce then you should contact your attorney for legal devices. They will inform you about the procedure the documents required and more.
The divorce process is complex so it is always the best option to contact the attorneys. If you found this article helpful, be sure to check out the rest of our blog for more posts.
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