In order to get divorced in South Carolina, one of the following five grounds must be proven. The first is adultery, the second is habitual drunkenness or narcotics abuse. The third is physical cruelty, the fourth is desertion for a period of one year, and the last is a one year period of continuous separation. It is interesting to note that South Carolina does not acknowledge emotional abuse or mental cruelty as grounds for divorce.

One of these grounds must be proven on the fault of one or both parties. Once the fault is proven it can then be determined in certain cases whether one spouse is required to pay for the other spouse's attorney fees. The outcome also may potentially determine how the parities assets are divided and how much alimony should be paid.

Adultery

In order to demonstrate adultery, a person does not have to prove that it actually happened. A party just needs to show that their spouse showed inclination and opportunity. Inclination can be confirmed by showing the spouse had a romantic interest outside of the marriage. Opportunity can be established by showing that the spouse had a chance to act upon their inclination.

Habitual Drunkenness or Narcotics Abuse

In order to prove habitual drunkenness or narcotics abuse, a person must show that their spouse's consistent abuse of alcohol or narcotic drugs led to the breakdown of the marriage and that the abuse was happening at the time of the filing for the divorce.

Physical Cruelty

According to the South Carolina Court of Appeals, a spouse is entitled to a divorce on the grounds of physical cruelty even if it is just a single assault. In keeping with South Carolina Law, the physical cruelty must be “actual personal violence, or such a course of physical treatment as endangers life, limb or health, and renders cohabitation unsafe.” If one party does something to physically assault the other and make them fearful for their own safety, it is grounds for a divorce in South Carolina.

Desertion

If one spouse leaves the other spouse without them knowing or agreeing, for a period of one year, it is grounds for a divorce in South Carolina. This ground is often not seen much any more as less than one-half of one percent of divorces are granted on the ground of desertion.

Continuous Separation

In order to demonstrate continuous separation, the spouses must live separately (in different homes) for a period of one year. This can be proven in court by an independent witness who testifies to the same thing.