Grounds for Divorce

Grounds for Divorce in Greenville Will Be Important

If you are filing for a “fault” divorce in South Carolina, understanding the grounds for divorce are very important. According to the state’s divorce laws, there are five grounds for divorce:

  1. Adultery;
  2. Desertion for at least one year;
  3. Physical cruelty;
  4. Habitual drunkenness or drug abuse; or
  5. Living separately for at least one year

Many couples in the state file for “no-fault” divorce, but to be granted a divorce quickly, they often choose to separate for a year to speed up the process. A divorce for “fault” can often be more emotionally intense, because one spouse has a complaint against the other’s behavior. Because many divorcing couples have children, “fault” divorces can also cause one spouse to lose some custody rights, as well as property rights.

Assets, Children, and Divorce Procedures in South Carolina

If you file for divorce in South Carolina, whether the divorce is no fault or “fault,” you will need to discuss splitting assets from the marriage. Many married couples make large purchases together, and can also share bank accounts and credit cards. The debt, as well as property, will be divided as evenly as possible. However, if one spouse argues that the other has harmed them somehow – emotional harm is a recurring argument in “fault” divorces – then the other spouse may have to give up some property, or pay alimony.

In a “fault” divorce, the emotional argument can also lead to losing some or all of custody rights over children if one spouse is seen as “unfit” somehow. While that spouse may be required to pay child support, they may not be allowed to see their children very often, if at all. This can intensify emotional distress during an already stressful time.

My Spouse Filed for Divorce and I’m Afraid of Losing Custody Rights or My Property

If you face divorce proceedings, it is important to have strong legal representation to ensure that your rights to shared property and your children are respected. The South Carolina divorce attorneys at the Strom Law Firm can help. We’re happy to offer a case evaluation to discuss your divorce filing, so contact us today.

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