What are the grounds for getting a divorce in South Carolina?


There are four grounds for getting a divorce in South Carolina. You have to be able to convince a Judge that one of the four grounds exists before he will give you a divorce. The four grounds are (1) separation for more than one year, (2) adultery, (3) physical cruelty and (4) habitual drunkeness or drug abuse.


Can I get a divorce based on mental cruelty?


No. You can only get divorced if you can prove one of the four grounds listed above. If you feel you are being mentally abused, you can separate from your spouse and then get divorced after you have lived apart for a year.


Can’t we just tell the Judge that we have been separated a year?


No. In every divorce case there has to be some evidence other than what he husband and wife say. The reason for this is to prevent a husband and wife from deciding to lie to the Judge to get a “quickie divorce”. The other evidence is usually the testimony of a third person who confirms for the Judge that what the husband and wife say is true. In cases of adultery and physical cruelty, photographs and other documents could be enough evidence to get a divorce.


If we have sex together, does that start one year wait all over again?


Probably. Most lawyers and, more importantly, most Judges believe that the one year waiting period starts over again if you have sex together during your separation.


Do we have to go to Curt to get a divorce?


Yes. There has to be a Court hearing in front of a Judge to get a divorce in South Carolina.


When is my divorce final?


Your divorce is final when the Judge signs a written Order that says you are divorced. The Judge may tell you he is granting you a divorce at the hearing, but it is not official until he signs a written Order.