Grounds for Divorce

For a couple that is seeking to divorce, it is important to be aware of what the grounds are for a marriage to legally be ended. These can vary depending on the state that you are seeking the divorce in. Under the South Carolina Code of Laws SECTION 20-3-10 there are five grounds for a divorce. They include the following:

• Adultery: If a relationship occurs outside of the marriage then this can be reason for a divorce. Circumstantial evidence may be enough if it can show that the spouse had the opportunity and desire to commit adultery.
• Physical cruelty: When seeking this option it will be necessary to show that the spouse’s conduct threatened the life or injury of the other spouse.
• Desertion: Desertion includes a spouse leaving and this will need to have occurred for at least a year in order to seek the termination of the marriage.
• Living separately: A couple will need to have been living separately and not cohabitating for at least one year.
• Habitual drunkenness: This includes the use of narcotic drugs and the length of time that this has occurred will need to be evaluated by the court. It will also need to be established that the habitual use led to the breaking down of the marriage.