South Carolina No-Fault Divorce
No-Fault vs. Fault Based Divorce in SC
Getting a divorce is not as simple as agreeing with your spouse to end
the marriage and signing an agreement. The state requires that a divorce
must have a filing of initial papers, service of those papers on your
spouse, a request for a hearing in Family Court to settle the issues.
The hearing may be a temporary hearing or a Final hearing. The courts
in our state will only grant you a
divorce when you can satisfy one of five grounds. Please call The Farley Law Firm,
LLC for a consultation, to determine whether you will be able to
Grounds for Divorce
Section 20-3-10 of the South Carolina Code of Laws provides the grounds for divorce:
- Desertion for a period of one year
- Physical cruelty
- Habitual drunkenness or drug use
- Living separate and apart without cohabitation for at least a year
This final condition is the no-fault basis for a divorce in our state. Unlike many states, it is not possible to make a simple assertion that the marriage is "irretrievably broken."
Divorce Lawyer Serving the Lexington and the Midlands Area of South Carolina
If you are seeking a no-fault divorce, you can request a temporary hearing in advance to settle issues such as property division, spousal support, child custody and visitation, and child support. Doing so is advisable, as it will give you up to a year to determine how well the arrangements work for you before accepting the final decree of divorce. Having me represent you at the hearing and throughout the divorce process can make a significant difference in the outcome of the situation, as I can advocate for your rights and fight for your personal interests.