What Are the Grounds for Divorce in South Carolina?

Deciding to file for divorce is never an easy choice, and for couples in Charleston, understanding the legal process is one of the first steps toward moving forward. In South Carolina, you cannot simply file for divorce without cause; the law requires that you have valid “grounds” for ending your marriage. Knowing these legal grounds can help you and your attorney determine the right strategy for your case and ensure your rights are fully protected throughout the process.

At Sarji Law Firm, our Charleston divorce lawyers help clients navigate every stage of divorce with compassion and professionalism. Here’s what you need to know about the legal reasons, or “grounds,” for divorce in South Carolina.

The Two Types of Divorce Grounds in South Carolina

South Carolina recognizes two main types of divorce grounds: fault-based and no-fault. The type of divorce you pursue depends on your situation, your relationship with your spouse, and the circumstances surrounding the breakdown of your marriage.

Understanding the difference between these two categories is crucial because it can affect how long the divorce process takes, the division of property, alimony awards, and even child custody arrangements.

1. No-Fault Divorce in South Carolina

In a no-fault divorce, neither spouse has to prove wrongdoing. Instead, the court allows the marriage to end because the couple has been separated for a legally required period of time. In South Carolina, this means that:

• You and your spouse must live apart continuously for at least one year before filing for divorce.
• During that year, you cannot resume living together or engage in marital relations, even briefly.

After the one-year separation period, you can file for divorce based on the “no-fault” ground. This type of divorce is often less contentious and can be more straightforward, especially if both spouses agree on property division, alimony, and parenting arrangements. However, it still requires the same careful attention to legal details as a fault-based divorce.

2. Fault-Based Divorce in South Carolina

Unlike a no-fault divorce, a fault-based divorce requires one spouse to prove that the other’s behavior caused the marriage to end. There are four specific fault-based grounds for divorce recognized under South Carolina law:

• Adultery: One of the most common grounds for fault-based divorce, adultery can affect alimony awards and property division. If proven, the spouse who committed adultery may be barred from receiving alimony.
• Physical Cruelty: This includes any form of physical abuse or violence that makes it unsafe for the other spouse to continue the marriage. Evidence such as police reports, medical records, or witness testimony can be used to support this claim.
• Habitual Drunkenness or Drug Use: A pattern of substance abuse that damages the marriage or endangers the family can serve as grounds for divorce.
• Desertion: Also known as abandonment, this ground applies when one spouse leaves the marriage for at least one year with no intent to return.

Proving fault requires clear evidence, which is why working with an experienced Charleston divorce attorney is essential. Fault-based divorces can move more quickly than no-fault divorces, since they don’t require a one-year separation period, but they also tend to be more complex and emotionally charged.

Why Grounds Matter in a Charleston Divorce

The grounds for divorce can have a direct impact on several key areas of your case, including alimony, property division, and custody. For example, if one spouse is found to have committed adultery or physical cruelty, it can influence how much support the other spouse receives or whether they are entitled to certain marital assets.

Some of the ways grounds for divorce can affect your case include:

• Alimony: In South Carolina, a spouse who commits adultery before the signing of a settlement agreement or final court order may lose the right to receive alimony.
• Property Division: Fault can be considered when determining how marital property is divided, especially if one spouse’s actions financially harmed the other.
• Child Custody: While custody is always based on the child’s best interests, evidence of abuse or substance use can heavily influence the court’s decision.

Because these issues can have long-term consequences, it’s important to discuss your specific situation with a skilled Charleston divorce lawyer before filing. Your attorney can help determine which grounds apply to your case and build the evidence needed to support your claims.

Proving Grounds for Divorce in South Carolina

To obtain a divorce based on fault, you’ll need to present evidence that clearly shows the misconduct occurred. This can include photographs, text messages, emails, financial documents, or witness testimony. In some cases, private investigators may also be used to gather supporting evidence, particularly in adultery cases.

For no-fault divorces, proof typically comes in the form of testimony and documentation verifying that you and your spouse lived apart for a full year. Even in seemingly simple cases, having legal guidance can ensure that your paperwork is filed correctly and that no critical details are overlooked.

How a Charleston Divorce Lawyer Can Help

Whether you are pursuing a fault-based or no-fault divorce, having the right legal representation can make the process smoother and less stressful. Divorce can be emotionally draining, but a knowledgeable attorney can help you stay focused on protecting your interests and achieving a fair outcome.

At Sarji Law Firm, our Charleston divorce attorneys assist clients with all aspects of the divorce process, including:

• Filing the initial divorce petition and responding to claims
• Gathering and presenting evidence to support your case
• Negotiating property division, alimony, and custody arrangements
• Representing you in mediation or courtroom proceedings

Our goal is to help you move forward with confidence, knowing your rights and future are protected.

Contact Sarji Law Firm for Divorce Guidance in Charleston, South Carolina

If you’re considering divorce or unsure which grounds apply to your situation, the team at Sarji Law Firm can help. We understand that every marriage, and every divorce, is different. Our attorneys take the time to listen, explain your options, and provide personalized legal support throughout the process. To schedule a confidential consultation with our Charleston divorce lawyers, contact us today.