What Does It Mean if a Marriage Is Irretrievably Broken?
When a marriage is irretrievably broken, it generally means the relationship has reached a point where the spouses do not believe it can be repaired. You may hear this phrase when people discuss no-fault divorce.
However, South Carolina does not use “irretrievably broken” as a separate legal ground for divorce. Instead, spouses seeking a no-fault divorce generally must live separate and apart without cohabitation for one year.
Understanding this distinction is important if you are considering a divorce in Rock Hill, South Carolina.
Is an Irretrievably Broken Marriage a Basis for Divorce in South Carolina?
Not by itself. South Carolina law recognizes five grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness, and living separate and apart without cohabitation for one year. The last option is the state’s no-fault ground.
This means spouses do not need to prove that either person did something wrong to obtain a no-fault divorce. However, simply telling the court that the marriage cannot be saved does not satisfy the legal requirement.
The spouses generally must complete the required period of separation before a divorce can be granted on no-fault grounds.
What Does Living Separate and Apart Mean?
For a no-fault divorce, spouses must live in separate residences for at least one continuous year. Simply moving into separate bedrooms within the same home does not meet South Carolina’s separation requirement.
During this time, the spouses remain legally married. They may still need to address important family and financial matters even though they are no longer living together.
South Carolina does not recognize “legal separation” in the same way as some states. Instead, a family court can issue an Order of Separate Maintenance and Support to address certain issues while spouses remain married.
What Issues Can Arise While Spouses Are Separated?
Waiting a year for a no-fault divorce does not mean family issues have to remain unresolved. Spouses may need clear rules about their children, finances, and property during the separation.
An Order of Separate Maintenance and Support may address matters such as:
- Child custody and visitation
- Child support
- Spousal support
- Responsibility for marital debts
- Use of the marital home
- Health insurance
- Possession of certain personal property
These arrangements can provide structure while the spouses work toward resolving their divorce.
The issues addressed during separation may also affect negotiations as the divorce moves forward.
Do Both Spouses Have to Agree That the Marriage Is Over?
A spouse does not necessarily need the other spouse’s agreement to seek a divorce. South Carolina’s no-fault statute permits either party to seek a divorce after the spouses have lived separate and apart without cohabitation for the required one-year period.
However, disagreement between spouses can make other parts of a divorce more difficult. They may disagree about property division, alimony, child custody, child support, or other important matters.
A contested divorce may require negotiations, court hearings, or a trial before these issues can be resolved.
Are There Fault-Based Grounds for Divorce in South Carolina?
Yes. A person does not always have to rely on the one-year separation ground. South Carolina also recognizes several fault-based grounds for divorce.
Under current state law, these are:
- Adultery
- Desertion for one year
- Physical cruelty
- Habitual drunkenness, including certain habitual drug use
A spouse seeking a divorce based on one of these grounds must have evidence to establish that the legal requirements are satisfied.
The appropriate ground for divorce will depend on the circumstances, so spouses should understand their options before deciding how to proceed.
What Happens After the One-Year Separation Period?
Once spouses have met South Carolina’s one-year separation requirement, either spouse may seek a no-fault divorce. The divorce is not automatic merely because a year has passed.
The case still must go through the family court process. The parties may also need to resolve property division, alimony, custody, child support, and other disputed matters before the case is finished.
Getting legal guidance can help you understand the steps that apply to your situation.
Contact the Rock Hill Divorce Attorney at Minor Law Divorce Lawyers for Help Today
Realizing that your marriage cannot be repaired can leave you with difficult decisions about your family, finances, and future. Understanding South Carolina’s divorce requirements can help you make informed choices about what comes next.
If you are considering ending your marriage in Rock Hill, SC, Minor Law Divorce Lawyers can explain your rights and help you navigate the process. Contact our Rock Hill divorce lawyer today to discuss your situation and learn more about your legal options.
Contact our law offices to schedule a consultation and discuss your circumstances with an experienced Rock Hill divorce lawyer. We proudly serve throughout York County.
Visit our Law Office in Rock Hill, SC
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
