Grounds for Divorce in South Carolina

South Carolina recognizes exactly five legal grounds for divorce under S.C. Code Ann. § 20-3-10. One is no-fault. Four require proving your spouse did something wrong. Which ground you choose affects your timeline, your evidence requirements, and whether you're eligible for alimony.

The Five Grounds

1. One-Year Continuous Separation (No-Fault)

This is the ground most self-represented filers use. You and your spouse must live in completely separate residences for 365 uninterrupted days before you can file. Separate bedrooms in the same house does not qualify.

The key advantage: no blame, no evidence of misconduct, and no 90-day post-filing waiting period. You can request a hearing as soon as your spouse responds (or defaults).

The catch: any resumption of cohabitation during the year resets the clock entirely. South Carolina courts interpret this strictly.

2. Adultery

Filing on adultery grounds lets you skip the one-year separation requirement entirely. You can file immediately after discovering the affair.

However, there's a 90-day mandatory waiting period between filing and receiving a final decree. You also need substantial evidence — South Carolina courts require either direct proof or strong circumstantial evidence showing both the inclination and the opportunity for the affair.

The most significant consequence: a spouse found to have committed adultery is permanently barred from receiving alimony under South Carolina law. This makes adultery the most strategically impactful ground to file under when spousal support is at stake.

3. Physical Cruelty

This ground requires proof of conduct that created a substantial risk of death or serious bodily harm. A single extreme act can be sufficient if it meets this threshold.

Like adultery, physical cruelty bypasses the one-year separation requirement but triggers the 90-day post-filing waiting period. If there's an active domestic violence situation, contact the SC Coalition Against Domestic Violence (1-800-260-9293) before filing.

4. Habitual Drunkenness or Narcotics Abuse

This ground covers chronic substance abuse that caused the breakdown of the marriage. "Habitual" is the operative word — you need to demonstrate a persistent, ongoing pattern, not a single incident.

Courts look for evidence of treatment history, arrests, employment consequences, and the impact on the marital relationship. Same timeline as adultery and cruelty: no separation required, but 90-day post-filing wait applies.

5. Desertion for One Year

Desertion requires proving your spouse willfully abandoned the marriage for at least one continuous year without your consent or justification.

In practice, this ground is rarely used because its one-year timeline matches the no-fault separation ground, which is simpler to prove and doesn't require showing fault. Desertion also requires proving the abandonment was "without cause," which the defendant can challenge.

Fault vs. No-Fault: Which Should You Choose?

For most self-represented filers, the no-fault separation ground is the straightforward choice. It requires the least evidence (just a corroborating witness confirming you lived apart), avoids the burden of proving misconduct, and has no post-filing waiting period.

Choose a fault ground when:

• You can't wait a full year — adultery, cruelty, and substance abuse let you file immediately
• Alimony is at stake — adultery permanently bars the at-fault spouse from receiving spousal support
• You need leverage in negotiations — a fault finding can influence equitable property division

The Corroborating Witness Requirement

Regardless of which ground you choose, South Carolina requires an independent corroborating witness in every divorce case. Under S.C. Code Ann. § 20-3-20, no divorce can be granted based solely on the testimony of the spouses.

For no-fault cases, this witness must confirm the continuous year of separate living from firsthand knowledge. For fault-based cases, the witness must corroborate the facts alleged — which is why adultery and cruelty cases often require more than one witness.

Affirmative Defenses

If you file on fault grounds, your spouse can raise affirmative defenses:

• Condonation — forgiveness of the misconduct, typically shown by resuming cohabitation or sexual relations after discovering the fault. If proven, this bars divorce on that ground.
• Recrimination — the filing spouse committed the same or similar misconduct.
• Collusion — the parties manufactured grounds for divorce.

The South Carolina Divorce Filing Process Guide covers each ground in detail, including the evidence standards, corroborating witness requirements, and which hearing track applies to your situation.

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