Navigating the divorce process in South Carolina requires a clear understanding of the grounds for divorce and the importance of providing compelling evidence to support these claims. Whether it’s adultery, physical cruelty, habitual drunkenness, or the need for a one-year separation, being well-prepared with solid evidence is key to ensuring a smoother and more successful divorce process. Seeking legal advice and guidance during this challenging time can be invaluable, helping individuals make informed decisions and secure a fair resolution.
Grounds:
In South Carolina, divorces are granted on the basis of specific grounds, and individuals must prove one or more of these grounds to initiate the legal process. The accepted grounds for divorce include:
- Adultery
- Physical Cruelty (your spouse’s conduct must create a substantial risk of death or serious bodily harm)
- Habitual Drunkenness (involving drugs and alcohol)
- Separation for one year
Proof of Grounds:
For individuals filing for divorce in South Carolina, providing evidence to substantiate the chosen grounds for divorce is a critical step. The burden of proof lies with the petitioner, and they must demonstrate that the alleged grounds more likely than not occurred and were responsible for the breakdown of the marriage.
- Adultery: Gathering photographs, text messages, private investigator reports, recordings, or eyewitness accounts can be crucial in proving adultery.
- Physical Cruelty: Documenting instances of physical harm, obtaining medical records, or gathering eyewitness testimony can help establish the grounds of physical cruelty.
- Habitual Drunkenness: Evidence of a spouse’s consistent alcohol or drug use, including photographs, DUIs, medical records, witness statements, or professional assessments, can be presented to support this claim.
- Separation for one year: An eye witness to your separation is sufficient to prove a divorce based on one-year of separation.