South Carolina divorce law requires grounds for dissolution of marriage. This means that to obtain a divorce, one party must demonstrate fault on the part of the other, or the couple must live separate and apart for a specific duration. Acceptable grounds for a fault-based divorce include adultery, physical cruelty, habitual drunkenness, or desertion for a period of one year. These conditions contrast with systems where divorce can be granted without assigning blame, based solely on irreconcilable differences.
The presence of required fault grounds impacts the divorce process by potentially increasing conflict and legal costs. Establishing fault often involves presenting evidence and testimony, which can prolong proceedings. Historically, the fault-based system aimed to uphold the sanctity of marriage, but it can also lead to strategic behavior, such as exaggerating claims of wrongdoing or prolonging separation periods. A system that removes the fault requirement can reduce animosity and streamline the process, focusing instead on equitable division of assets and child custody arrangements.
