Proving One Year Separation

The no-fault ground for divorce in South Carolina is to prove that you and your spouse have lived separately and apart for more than one year.  That means that you have intentionally and voluntarily lived in a separate residence from your spouse for more than one year.  This does not include sleeping in the guest bedroom down the hall.Many clients ask me if they need to bring in a copy of an apartment lease or hotel receipt to prove the time they moved out.  Usually this is not necessary.  You will simply testify that you moved out or separated from your spouse on a certain date.  Then you will need a witness who knows you well enough that if you were to get back with your spouse they would probably know about it.  Someone who visits your home regularly and calls you on the telephone regularly.  This witness needs to be at least 18 years old, can be a family member or friend, but should not be a child of the marriage.  Their testimony will corroborate yours and that will be enough proof for your divorce.