Five Legal Grounds for Divorce in South Carolina (And What They Really Mean)
Five Legal Grounds for Divorce in South Carolina (And What They Really Mean)
When you are thinking about ending a marriage, the last thing you want to do is learn a new legal vocabulary. But in South Carolina, you must fit your situation into one of five legal “grounds” before the court can grant you a divorce.
Unlike some states, South Carolina does not recognize “irreconcilable differences” or “we just grew apart” as a standalone ground for divorce. Instead, our law uses four fault‑based grounds and one no‑fault ground.
In this post, I will walk through each of the five grounds in plain English and explain how they might affect your case. When you are married, I consider the grounds for divorce the “keys to the courthouse”. In other words, the ground is the vehicle for getting your case before the judge.
The five grounds for divorce in South Carolina
South Carolina law allows a divorce on only these five grounds:
Adultery;
Living separate and apart without cohabitation for one year (the no‑fault ground);
Habitual drunkenness, which includes habitual use of narcotic drugs or similar substances;
Physical cruelty; and
Desertion for one year.
The court only needs to find that one of these grounds applies in order to grant a divorce. Even so, the facts behind the ground you choose can also affect issues like alimony and sometimes property division.
Ground #1: Adultery
What counts as adultery?
In South Carolina, adultery means there was opportunity and romantic motive for sexual interaction between a married person and someone who is not their spouse. It does not matter whether the affair is heterosexual or homosexual; the key is that one of the people involved is married to somebody else.
Courts understand that affairs rarely happen out in the open which means you almost never have a witness who walks in at the exact moment of sex. So, it is most often proven through the use of circumstantial evidence.
How is adultery proven?
Because adultery usually happens in secret, it is often proven with circumstantial evidence. The court looks for two things:
Inclination: signs of a romantic or sexual relationship, such as text messages, emails, social media messages, photos, or very affectionate behavior in public.
Opportunity: proof that the spouse and the other person had time together in private where sex could reasonably have happened, such as staying overnight in the same home or hotel room.
You do not need direct eyewitness proof as long as the judge is convinced, by a preponderance of the evidence, that adultery occurred.
A common example looks like this: your spouse sends flirtatious or explicit messages to someone, is seen going into that person’s home late at night, and does not leave until the morning. If you or a private investigator can document that pattern, a judge can find adultery even without bedroom photos.
Why adultery matters so much for alimony and timing
Adultery is not just about blame. It can have major financial consequences.
Under South Carolina law, a spouse who has committed adultery before certain key points in the case is completely barred from receiving alimony. If the court finds that a spouse committed adultery before:
The formal signing of a written property or marital settlement agreement, or
The entry of a permanent order of separate maintenance and support, or a permanent order approving a property or marital settlement agreement,
then that spouse cannot receive alimony at all.
Adultery can also affect the timing of your divorce. You do not have to wait for a full year of separation to file on adultery; you can file as soon as the ground exists, and the court can grant a divorce on fault grounds after a minimum 90-day waiting period from the date you started the action.
Because the stakes are high, if you think adultery may be involved in your case, you should talk with a lawyer before confronting your spouse or gathering evidence on your own.
Ground #2: One‑year separation (no‑fault)
The only no‑fault ground in South Carolina
South Carolina has one no‑fault ground for divorce: the spouses must live “separate and apart without cohabitation” for one continuous year.
That usually means:
You live in separate residences.
You do not sleep together or move back in together during that year.
You present evidence (often a witness) who can truthfully say that you have lived apart without cohabitation for at least one year.
Short visits for child exchanges or brief contact at events do not necessarily break the separation. But if you move back in or resume a full marital relationship, you may have to restart the one‑year clock.
Why many people choose the separation ground
Many people in the Upstate choose the one‑year separation ground because:
It avoids publicly airing fault allegations in court, which can reduce conflict.
It may be easier to prove than fault grounds like adultery or physical cruelty.
Once the year has passed and the other spouse has been properly served, the court does not have to wait the extra three months that applies to most fault‑based divorces.
One important point: even if you use the no‑fault ground, the court can still consider fault (like adultery or substance abuse) when deciding alimony and property division.
Ground #3: Habitual drunkenness (including drug abuse)
What “habitual drunkenness” means in practice
Habitual drunkenness does not mean one rough weekend or occasional social drinking. To qualify as a ground for divorce, the substance use must:
Be habitual – a pattern of frequent intoxication or impairment, not an isolated incident.
Exist at the time of the separation or filing, not just years earlier.
Contribute to the breakdown of the marriage.
The statute expressly includes habitual drunkenness caused by the use of narcotic drugs or similar substances, so it is not limited to alcohol.
Common types of evidence
Evidence can include:
DUI or drug‑related criminal charges.
Rehab or treatment records, if available.
Testimony from friends, family, neighbors, or older children about repeated intoxication, blackouts, or being unable to care for the children.
Financial records showing large, unexplained spending on alcohol or drugs.
Photos or videos of your spouse drinking, under the influence, and empty containers.
You do not need all of these, but you do need enough to show a consistent pattern and its impact on the marriage.
Why this ground matters in custody cases
Even if you do not base your entire divorce on habitual drunkenness, serious alcohol or drug problems will almost always matter in custody and visitation decisions. The family court’s focus is the best interests and safety of the children, and a parent’s ongoing impairment can affect overnights, supervision requirements, and other conditions of visitation.
Ground #4: Physical cruelty
More than just arguments
Physical cruelty is about violence or serious threats of bodily harm, not just frequent arguments or hurtful words. The courts generally look for:
Actual physical violence (hitting, choking, pushing down stairs, etc.), or
Conduct that creates a reasonable fear of serious bodily injury.
Verbal and emotional abuse can be very real and harmful, but on their own they usually do not satisfy the legal standard for “physical cruelty” in South Carolina.
One incident vs. a pattern
A single act can sometimes be enough if it is serious enough. For example, a severe beating, choking, or assault with a weapon may justify a divorce on physical cruelty even if there was no long history of similar behavior.
Less severe acts may require proof of a pattern or escalation, especially if there are no police reports or medical records.
Types of proof
Evidence in physical cruelty cases often includes:
Police incident reports, 911 call logs, or criminal charges.
DSS records where there is overlap with child safety concerns.
Medical records or photos of injuries.
Testimony from neighbors, relatives, or others who witnessed the abuse or its aftermath.
If you are in immediate danger, your safety is more important than the legal label. You may need to seek an order of protection or emergency relief, then talk with a lawyer about how that evidence fits into a divorce case.
Ground #5: Desertion for one year
What desertion means
Desertion occurs when one spouse leaves the marital home:
Without the other spouse’s consent,
Without legal justification, and
Stays away for at least one year.
The leaving spouse must intend to end the marital relationship. Simply living separately by agreement or for work reasons is usually not enough.
Why desertion is less common today
Desertion used to be a more important ground. Since the one‑year separation ground was added to the law, many situations that might have been called “desertion” are now handled as no‑fault divorces based on one‑year separation.
Still, desertion can arise when a spouse walks out with no agreement, cuts off contact, and does not contribute to the household or children for a long period of time.
How to think about grounds in your case
For most people, the key questions are not only “Can I get a divorce?” but:
“How long will it take?”
“How will this affect my alimony, property, and custody issues?”
“What evidence will I have to put in front of a judge?”
Using a fault ground like adultery, physical cruelty, or habitual drunkenness can sometimes speed up the divorce and send a strong message about why the marriage ended, but it also usually requires more evidence and can increase conflict and cost. Additionally, just because it is possible to complete a divorce in 90 days when filing on a fault-based ground, that does not mean the divorce will be accomplished in that time period. If there are any contested issues, it is likely to take much longer to complete the other formal processes in the case.
Using the one‑year separation ground can lower the temperature and keep the focus on practical issues like custody schedules, support, and dividing property.
Even when you move forward under the no‑fault ground, the judge can still consider the other spouse’s misconduct when deciding things like alimony and, in some cases, how to fairly divide marital property.
Talk with a local family law attorney about your options
If you live in Greenville, Anderson, Spartanburg, Pickens, or the surrounding Upstate area and are unsure which ground for divorce fits your situation, you do not have to figure it out by yourself. The right choice depends on the facts of your marriage, your children’s needs, your safety, and your financial goals. You can use the link on this site to schedule a consultation and talk through your options with Tripp Atkins, South Carolina family law attorney who regularly handles divorce and custody cases in the Upstate.