BACK TO ARTICLES

The Complaint for Divorce must declare the appropriate South Carolina grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds: 

No-Fault:

(1) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.  

Fault:

(1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-10) 

Filing Spouse Title:

Plaintiff. The Plaintiff is the spouse who initiates the filing procedure with the family law or domestic relations court. 

Non-Filing Spouse Title:

Defendant. The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service.