No-fault divorce has grown in popularity across the U.S. over more than a half-century since then-Gov. Ronald Reagan signed it into law in California back in 1969. Reagan, who had been through his own public divorce, said he believed no-fault divorce “is a step towards removing the acrimony and bitterness between a couple that is harmful not only to their children but also to society as a whole.” He hoped the new law would “do much to remove the sideshow elements in many divorce cases.”
Many conservative politicians today have spoken out against a no-fault option, claiming that it makes ending a marriage too “easy.” Some southern state lawmakers, in particular, seem closer to doing away with this option – which could then require spouses to publicly name a reason for their choice to divorce. Many of the grounds are particularly egregious or could at least be highly embarrassing.
Separation without cohabitation
Here in South Carolina, there is still a “no-fault” option. However, to use it, a couple must declare that they have lived separately for at least one year prior to the divorce filing.
Documentation may be required to prove that spouses continuously lived separately for a year – particularly if the divorce is contested and one spouse wants to delay or avoid it. This may be done by showing that they had separate mailing addresses, for example.
This one-year separation requirement also delays things for couples who may separate off and on for a time before deciding to divorce. Some may be leading separate lives but still live under one roof for economic or child-centered reasons.
Fault-based grounds for divorce
The other grounds for divorce in South Carolina in addition to a one-year “separation without cohabitation” are the following:
- Adultery and other marital misconduct
- Habitual drunkenness or drug abuse
- Physical cruelty
- Desertion (abandonment) for at least a year
Even if a spouse files for divorce on one of the fault-based grounds that don’t involve living separately, the divorce can’t be finalized for 90 days from the filing date.
There’s a lot more to know about South Carolina’s laws around divorce, support, property division, child custody and more. The sooner you seek legal guidance if divorce appears to be in your future (whether it’s your idea or not), the better prepared you’ll be.