Legal Separation and Divorce
Divorce
There are five grounds for divorce in South Carolina:
- Living separate and apart without cohabitation for one year;
- Adultery;
- Physical cruelty;
- Habitual drunkenness (alcohol or drugs); and
- Abandonment.
These “fault” grounds for divorce affect the Court’s distribution of property and debt unless both parties can resolve the issues amicably.
Living separate and apart without cohabitation for one year is South Carolina’s version of no-fault divorce.
Legal Separation
Under South Carolina law, legal separation requires that spouses live in separate homes. To address property issues, financial issues, and children’s issues while spouses are living separately, South Carolina allows a Separate Maintenance and Support action to be filed in Family Court. Most non-lawyers call this action a “legal separation.”
If done properly, all of the issues existing between the husband and wife can be fully and finally resolved in a Separate Maintenance and Support action, leaving the divorce itself as the only remaining issue.
Frequently Asked Questions
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