Are you preparing to end your marriage in South Carolina? You are not alone. Each year, tens of thousands of couples divorce in our state. Most of them do so on no-fault grounds. A no-fault divorce is a divorce in which neither party needs to prove that their spouse did anything “wrong” to cause the breakdown of the relationship. Here, our Charleston divorce attorney provides a guide to no-fault divorce in South Carolina.
South Carolina Allows for No-Fault Divorce
Under South Carolina law (South Carolina Code Section 20-3-10), a married couple has the right to seek a no-fault divorce. A no-fault divorce is a divorce that happens without either spouse proving
misconduct by the other. In other words, fault (blame) is simply not a relevant issue. To qualify, the parties must have lived separate and apart without cohabitation for a continuous period of at least one year prior to filing.
Fault-Based Grounds also Exist in South Carolina: South Carolina law recognizes several fault-based grounds for divorce. These include adultery, physical cruelty, habitual drunkenness or drug use, and desertion for a period of one year. Fault-based divorces do not require the one-year separation period. With that being said, the petitioner has to prove the grounds for fault with compelling evidence, and that can become quite contentious in many cases.
Most Divorces in South Carolina are No-Fault Divorces
No-fault divorces are common. Although South Carolina is not an exclusive no-fault divorce state (there are also some fault-based grounds), many spouses choose it as an option because it avoids the adversarial process of proving marital fault and allows the case to focus on more practical issues, such as property division and child custody. While fault-based divorce remains available for certain circumstances, no-fault divorce is generally more efficient and less contentious.
A No-Fault Divorce Does Not Always Mean an Uncontested Divorce
It is important to emphasize that a no-fault divorce is not a synonym for an uncontested divorce. While many no-fault divorces in South Carolina are uncontested, these are two separate concepts. A no-fault divorce in South Carolina simply means that neither spouse is required to prove marital misconduct to obtain the divorce. It does not mean that all other issues are automatically resolved. Spouses may still disagree over matters such as property division, alimony, child custody, and child support. These disputes can lead to contested litigation, even when the ground for divorce is no-fault. If you are going through a divorce in South Carolina, a Charleston divorce lawyer can help you work towards a settlement on key issues, including property division and child custody.
Schedule a Confidential Consultation With a Top South Carolina Divorce Lawyer
At Query Sautter & Uricchio, LLC, our Charleston divorce attorney has the experience that you can trust. If you have any specific questions or concerns about no-fault divorce, please do not hesitate to contact us today for a fully confidential consultation. With an office in Charleston, we provide family and divorce representation throughout South Carolina.