Donae A. Minor | March 6, 2025 | Divorce

What Are the Grounds for an At-Fault Divorce in South Carolina?

What Are the Grounds for an At-Fault Divorce in South Carolina?

Understanding South Carolina divorce laws involves considering legal and personal factors. Minor Law Divorce Lawyers offers skilled legal support for at-fault and no-fault divorces across South Carolina. Their expertise ensures that your rights and interests are safeguarded during the divorce process.

Understanding At-Fault vs. No-Fault Divorce

South Carolina recognizes both at-fault and no-fault grounds for divorce. While no-fault divorce requires a one-year separation period, at-fault divorce may allow for a faster resolution if specific grounds can be proven.

The state recognizes four specific grounds for at-fault divorce:

1. Adultery

Adultery involves sexual relations between a married person and someone other than their spouse. The evidence must be clear and convincing, though direct proof is not required. Circumstantial evidence, such as phone records, hotel receipts, or witness testimony, may suffice.

2. Physical Cruelty

Physical cruelty encompasses acts of violence that endanger a spouse’s life, limb, or health. A single incident may be enough if it is severe and indicates future danger. The court considers both the severity of the act and the likelihood of future harm.

3. Habitual Drunkenness

This ground applies when a spouse has a sustained pattern of alcohol or drug abuse that negatively impacts the marriage. 

To establish this ground, the substance abuse must meet the following criteria:

  • Be ongoing at the time of filing for divorce (not just a past issue)
  • Be habitual and frequent rather than occasional or isolated incidents
  • Negatively affects the marriage, such as causing financial instability, emotional harm, neglect, or other marital problems
  • Be proven with clear and convincing evidence, such as witness testimony, medical records, or criminal history

These requirements help courts decide if substance abuse is valid grounds for divorce.

4. Desertion

Desertion can be a ground for divorce, but it is seldom used. It needs a one-year separation, the same as a no-fault divorce.

Proving Fault in South Carolina Divorces

The burden of proof in at-fault divorces falls on the spouse making the allegations. 

Courts require specific standards for evidence in these cases:

  • Clear and convincing
  • Corroborated by third-party testimony or documentation
  • Directly related to the claimed ground for divorce

Understanding these requirements helps ensure proper documentation of your case.

Impact of Fault on Divorce Proceedings

Proving fault can affect various aspects of the divorce, including:

Property Division

South Carolina follows equitable distribution laws. While fault doesn’t automatically determine property division, it may influence the court’s decision about what constitutes a fair distribution.

Alimony

Evidence of fault, particularly adultery, can significantly impact alimony decisions. A spouse who commits adultery is generally barred from receiving alimony under South Carolina law.

Child Custody

While fault grounds typically don’t directly affect child custody decisions, behaviors associated with the fault (such as substance abuse or domestic violence) may influence the court’s determination of the child’s best interests.

Defending Against At-Fault Claims

Several legal defenses exist for those facing at-fault divorce claims. Understanding these options is crucial for developing an effective legal strategy. Common defenses in at-fault divorce cases include:

Condonation

This occurs when the innocent spouse forgives the misconduct and continues the marriage relationship after discovering it.

Reconciliation

If spouses resume living together after the at-fault behavior, this may serve as a defense against the divorce action.

Recrimination

This defense argues that both spouses are at fault, though it’s less commonly used in modern divorce proceedings.

Each defense requires careful consideration and proper documentation to be effective.

Choosing Between At-Fault and No-Fault Divorce

The decision between at-fault and no-fault divorce requires careful consideration of several key factors:

Advantages of At-Fault Divorce

Consider these potential benefits when deciding on an at-fault divorce:

  • Potentially faster resolution than the one-year separation requirement
  • May affect property division and alimony decisions
  • Can provide a sense of justice for the wronged spouse

These advantages must be weighed against the challenges of pursuing an at-fault divorce.

Disadvantages of At-Fault Divorce

Understanding the potential drawbacks is equally important:

  • Higher legal costs due to the need to prove fault
  • More emotionally challenging and contentious
  • Requires substantial evidence and possibly witness testimony

Careful consideration of these factors will help inform your decision.

Understanding South Carolina divorce laws involves considering legal and personal factors. Whether you choose an at-fault or no-fault divorce, having a lawyer can protect your rights and interests. Minor Law Divorce Lawyers offers skilled legal support for at-fault and no-fault divorces across South Carolina. Their expertise ensures your rights and interests are safeguarded during the divorce process.

Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971

To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971