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Understanding grounds for divorce in South Carolina

A spouse who is considering filing for divorce in the state of South Carolina has a multitude of decisions to make before he or she actually files. The first of many is the decision concerning which ground to cite as the reason for the divorce. In the state, divorcing spouses have five grounds for divorce, from which they must choose only one.

The first, and most commonly cited, ground for divorce is the no-fault divorce. This type of divorce is granted after spouses have lived separately and apart for one year. When petitioning for this type of divorce, neither spouse has to prove wrongdoing on the part of the other spouse. They simply have to prove that they cannot reconcile their differences.

For those who believe they can prove their spouses' faults, four other grounds for divorce may be cited, which are adultery, drunkenness, cruelty and desertion. For a family court to grant a divorce on any of these grounds, proof of the fault will have to be presented to the court. This may require third-party testimony, and this type of divorce may take much longer to finalize than a no-fault divorce.

Many South Carolina residents who believe their spouses are to blame for their pending divorces still choose to file for no-fault divorces. They make this decision simply because of the amount of time, effort and money it can sometimes require to prove fault. If you are unsure about how to proceed with your upcoming divorce, you may benefit from the assistance of an experienced family law attorney.

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Aaron & Aaron
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