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Is divorce easier or harder in South Carolina?

On Behalf of | Mar 12, 2020 | Divorce |

First off, the answer is that divorce is almost never easy. You are going through a hard time, there are a lot of details to work through, and sometimes it might just feel like nothing makes sense. We will break down a few South Carolina basics and clear up the initial confusion. Divorce is easier if your case meets a few prerequisites and you have good resources. 

Nationally, there are many states that work mainly through no-fault divorces.

Definition of no-fault divorce: 

A divorce in which neither party has to prove fault to pursue separation. This includes irreconcilable differences and generally leaves no defense against divorce. 

Divorce in South Carolina

In South Carolina, divorces will only be granted under five conditions: 

  • Adultery 
  • 1+ years of desertion 
  • Physical cruelty 
  • “Habitual drunkenness” by way of alcohol or narcotics 
  • 1+ years spent without cohabitation 

That last one is the only example of a no-fault divorce in South Carolina. Marriage is a big commitment and it will take time to prove that the marriage is truly without hope. The one year requirement ensures that both parties are unwilling or unable to reconcile differences in the relationship. And that can mean time living apart but still officially married by the state.

The rest are imminent reasons for a divorce. At-fault with no legal separation required. Courts will observe your case and may make a decision that keeps both parties as safe or accountable as necessary. What this means is that proof and resources are vital. Without evidence, it may be difficult proving that fault. Ensuring proof and relying on resources may speed you along an easier divorce.