- April 28, 2024
Abandonment laws in South Carolina mean that one spouse has left the marital home and failed to provide any form of support to the wronged spouse during that time. This can be confusing because, under South Carolina law, spouses must be living separately for a minimum of one year before filing for divorce.
However, South Carolina spousal abandonment laws are specifically enforced when one spouse leaves the marital home with no intention of returning and without specific consent from the other spouse. Typically, when a couple has agreed to separate because they are planning on divorcing, both spouses have agreed to live separately.
It is important to remember that abandonment in marriage can result in the other spouse filing for an “at-fault” divorce versus a no-fault divorce. If you are still determining how this may apply to your specific situation, contact Greenville Family Law to discuss your particular circumstances.
What are the Grounds of At-Fault Divorces?
At-fault divorces are not as common as no-fault divorce. However, in certain cases, a spouse may be eligible to waive the one-year mandatory waiting period for filing for divorce if they can demonstrate that their spouse is engaging in any of the following:
Abandonment in Marriage
Unlike a separation, which involves spouses agreeing to live away from each other in order to file for divorce, abandonment is when one spouse leaves the home with no intention of returning. To use abandonment as a cause for divorce, there are specific criteria that must be proven, including intent to leave the home without consent, failure to continue to pay support to the spouse/children, and no intention of returning. This also must have occurred at least one year prior to filing for divorce.
Physical Cruelty
It is important to understand that this does not necessarily mean a spouse has caused physical harm. Suppose a spouse threatens another spouse with bodily harm. In that case, this is sufficient to file for divorce on grounds of physical cruelty. Such a threat must be deemed life-threatening or leave the other spouse fearful for their physical safety. This can be proven by witness testimony or through other evidence.
Habitual Drug Use or Drunkenness
Often, a marriage breaks down due to one spouse’s abuse of alcohol or drugs. When this type of breakdown occurs, there must be a form of proof to demonstrate to the court the reason for the breakdown. Some forms may include police reports, evidence that the spouse has been stopped one or more times for DUI, or witness statements where someone has witnessed the problems caused when the spouse is under the influence.
Adultery
There are few cases when one spouse is caught in the act of committing adultery. However, one may use a pattern of behavior that receipts, eyewitness statements, or photographs can demonstrate. Spouses should be certain they prepare their divorce filing as soon after they learn about adultery as possible. Failure to file immediately could give the impression of accepting the behavior.
At Greenville Family Law, we will help you determine the best approach to your divorce and guide you through the process.
Divorce Attorneys in Greenville, SC
We understand divorces are complicated. We know emotions run high, even when couples agree they can no longer share a home. Contact a Greenville divorce attorney from Greenville Family Law today, and let us help you through this difficult time.
Whether you are considering a no-fault divorce or have questions about abandonment laws in South Carolina, we can help you with all your questions regarding divorce laws in South Carolina.
Photo Credit: Kaspars Grinvalds / Shutterstock
