What Are the Grounds for Divorce in South Carolina?

South Carolina recognizes both fault-based and no-fault grounds for divorce. The basis you choose directly affects property division, alimony, and custody outcomes. Filing under the wrong ground or without sufficient evidence can delay the process and weaken your position. At Parker & Bain, our family law attorneys for Gaffney residents identify the strongest grounds for divorce based on their circumstances and build a case that withstands judicial scrutiny.

Adultery

Adultery is one of the most cited fault-based grounds for divorce in South Carolina and requires proof that a spouse engaged in sexual relations outside the marriage. The evidence need not be direct; circumstantial proof showing opportunity and inclination can satisfy the court’s standard, such as phone records, photographs, financial transactions, and witness testimony.

Habitual Drunkenness or Drug Abuse

A divorce filed on these grounds requires more than occasional drinking or isolated substance use. The filing spouse must demonstrate a consistent pattern of excessive alcohol consumption or drug abuse that has damaged the marriage, supported by the following types of evidence:

• Arrest records for alcohol or drug-related offenses
• Documentation of rehabilitation admissions or treatment programs
• Testimony from family members, friends, or coworkers
• Medical records reflecting substance-related health issues
• Financial records showing excessive spending on alcohol or drugs

Desertion

Desertion or abandonment from the marriage without consent, justification, or intent to return for a period of at least one year is another ground for divorce in your state. The abandonment can be physical, meaning the spouse left the home. It can also be constructive, where one spouse’s behavior becomes so intolerable that the other is effectively forced to leave.

South Carolina has what we call the 365-day rule, with any extensions granted beyond that requiring good cause.  Yet what this means is that, if contested, a trial will generally be scheduled by the end of that year, though it may not occur then.

Physical Cruelty

Physical cruelty involving actual harm or a genuine threat of bodily injury that makes continued cohabitation unsafe or unreasonable. Courts examine the totality of the circumstances. The following types of evidence can support a physical cruelty claim:

• Police reports documenting domestic violence incidents
• Photographs of visible injuries
• Emergency room or urgent care medical records
• Protective order filings and related court documents
• Statements from witnesses who observed the abuse

One Year Continuous Separation

South Carolina’s no-fault ground requires spouses to live separately and apart for at least one continuous year before filing. Separation must be uninterrupted, meaning any period of reconciliation or cohabitation resets the clock, and both parties must have maintained separate residences throughout the entire twelve-month period.

Reach Out to Our Experienced Gaffney Divorce Lawyer to Discuss Your Case

Delays in filing can affect temporary custody arrangements, financial protections, and your ability to preserve marital assets before they are dissipated or hidden. Call Parker & Bain at 864-252-2650 or contact us online to meet with our divorce attorney in Gaffney, who will evaluate which ground gives you the strongest legal position, gather the evidence needed to support your filing, and protect your interests in property division, custody, and support from the very beginning.