What Are the Grounds for Divorce in South Carolina?

In South Carolina, you can get a divorce based on either no-fault or fault-based reasons. If you and your spouse have lived apart for at least a year, you can file for a no-fault divorce. If you don’t want to wait that long, you’ll need to prove a fault-based reason like adultery, physical cruelty, habitual drug or alcohol abuse, or abandonment. The reason for your divorce can impact things like alimony and how long the process takes.

Here’s what you need to know about the legal grounds for divorce in South Carolina.

South Carolina’s Divorce Laws: The Basics

First things first—before you can even file for divorce in South Carolina, you or your spouse must meet the residency requirements. That means you must have lived in South Carolina for at least one year if your spouse lives in another state, or both of you must have lived in South Carolina for at least three months before filing.

The laws governing divorce in SC are found under South Carolina Code §20-3-10, which outlines the legal reasons a judge can grant a divorce. Understanding these laws can help you determine what category your case falls under and what you need to prove in court.

The Five Legal Grounds for Divorce in South Carolina

So, what are the legal grounds for divorce in South Carolina? The state recognizes five official reasons, one of which is no-fault and four that are fault-based. Let’s take a closer look at each.

1. No-Fault Divorce – Living Separate and Apart for One Year

If you and your spouse have been living separately for at least one year, you can file for a no-fault divorce in South Carolina. This is the easiest and often the least contentious option because it doesn’t require proving that either spouse did something wrong.

However, living separately means living in different homes—not just sleeping in separate rooms under the same roof. The one-year period must be continuous, meaning that if you reconcile and move back in together, the clock resets.

Many couples opt for a no-fault divorce because it can lead to a smoother, uncontested divorce process, making things less stressful (and often cheaper) for everyone involved.

2. Adultery

Infidelity can be devastating, and in South Carolina, adultery is a fault-based ground for divorce. If you can prove that your spouse cheated, it can affect spousal support (alimony)—meaning the cheating spouse may be barred from receiving alimony.

You don’t need to catch them in the act, but you do need solid proof—things like hotel records, text messages, or eyewitness accounts. South Carolina courts don’t require absolute proof of adultery, but they do need “clear and convincing evidence” that an affair occurred.

If adultery is a factor in your divorce, a divorce lawyer can help gather the necessary evidence and make sure you’re protected throughout the process.

3. Physical Cruelty

Domestic violence and physical cruelty are serious issues. In South Carolina, physical cruelty is a recognized ground for divorce if one spouse has been abusive.

To use this as a ground for divorce, you’ll need to prove that your spouse engaged in violent behavior that endangered your life or health. This could be repeated acts of abuse or a single, severe incident. Bruises and police reports may be evidence, but courts usually require more than just verbal accusations.

If you’re in an abusive relationship, seeking legal protection, such as a restraining order, should be your priority.

4. Habitual Drunkenness or Drug Abuse

If alcohol or drugs have taken over your spouse’s life to the point that it has ruined your marriage, this could be a ground for divorce. Habitual drunkenness or drug use means a consistent pattern—not just an occasional bad decision at the bar.

To prove this, you might need to provide:

• DUI records
• Rehab records
• Testimony from family, friends, or coworkers
• Any police reports involving substance abuse

This ground can also affect child custody decisions, as the court will always rule in favor of the child’s best interests.

5. Desertion for One Year

Desertion, also known as willful abandonment, happens when one spouse leaves the other for at least one year without justification. However, in practice, most people seeking a divorce due to abandonment use the “living separate and apart” ground since it’s easier to prove.

If your spouse has left, and you haven’t heard from them for a full year, you may have grounds to file for divorce based on desertion.

What About Legal Separation?

Unlike some states, South Carolina does not recognize legal separation. However, couples who want to separate without getting divorced can file for an Order of Separate Maintenance and Support. This court order allows spouses to legally settle issues like spousal support, child support, and property division without officially ending the marriage.

How Fault Affects Your Divorce Case

If you’re filing for a fault-based divorce, the judge will take marital misconduct into account when making decisions about:

• Alimony – If adultery is proven, the cheating spouse may be barred from receiving spousal support.
• Child Custody – If one spouse has a history of physical cruelty or substance abuse, this could impact custody of the children.
• Division of Assets – South Carolina follows equitable distribution, meaning the court will divide property fairly—but not necessarily equally. If one spouse’s misconduct affected the economic circumstances of the parties, it could impact how assets are split.

How to File for Divorce in South Carolina

Ready to take the next step? Here’s a quick rundown of the divorce process in SC:

1. Meet the residency requirement (either one or both spouses must have lived in SC for the required time).
2. Choose your ground for divorce (fault-based or no-fault).
3. File a complaint with the family law court in your county.
4. Serve the divorce papers to your spouse.
5. Negotiate terms (spousal support, child custody, division of assets, etc.).
6. Attend court hearings if needed.
7. Get your final divorce decree.

The divorce process can be emotionally draining, but knowing what to expect can make it easier to handle.

Need Help? Let Okoye Law Guide You Through Your Divorce

Divorce is a life-changing event, and navigating the legal system can feel overwhelming. But you don’t have to go through it alone. At Okoye Law, we understand that every divorce is unique, and we’re here to help you protect your rights and move forward with confidence.

If you’re considering filing for divorce in South Carolina, contact Okoye Law today to schedule a consultation. Let’s work together to find the best path forward for you and your family.