The divorce grounds are as follows: No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds: No-Fault: (1) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate.
Fault: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug. The court shall consider the following factors which may be possible reasons for deviation from the guidelines: (1) educational expenses for the child or children or the spouse; (2) equitable distribution of property; (3) consumer debts; (4) families with more than six children; (5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent; (6) mandatory deduction of retirement pensions and union fees; (7) support obligations for other dependents living with the noncustodial parent or noncourt ordered child support from another relationship; (8) child-related unreimbursed extraordinary medical expenses; (9) monthly fixed payments imposed by a court or operation of law; (10) significant available income of the child or children; (11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income; (12) alimony. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-40, 20-7-100) Copyright Notice: The above synopsis of South Carolina divorce laws is original material which is owned and copyrighted by Divorce Source, Inc.
South Carolina Divorce Start Your Divorce Find Professionals South Carolina Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum South Carolina Products Divorce by County Welcome About Us 100% Guarantees Central Log in Contact Us Find Professionals Start Your Divorce States Categories Forms Divorce Laws Articles Forums Blogs Encyclopedia Checklists Tools Bookstore For Professionals South Carolina Divorce Start Your Divorce Find Professionals South Carolina Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum South Carolina Products Divorce by County In order to file for a divorce in South Carolina, residency requirements must be met for the court to accept the case. The court will not award custody based upon the gender of the parent.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-100, 20-7-1520) South Carolina child support guidelines are based on the Income Shares Model for calculating child support.
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