Spartanburg, SC asked in Divorce for South Carolina

Q: Married less than two years, husband wants out of it, what grounds does he have?

Small amount of property, house is in his name, cars are too. I do not want a divorce, how do I protect myself

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1 Lawyer Answer
John W. Molony
John W. Molony
  • Charleston, SC
  • Licensed in South Carolina

A: In South Carolina, there are five grounds for divorce. Four of these are fault based grounds: 1) Deserstion for more than one year; 2) Adultery; 3) Physical Cruelty; 4) Habitual Drunkenness. A fault based divorce will require one spouse to allege & prove the relevant marital fault of the other spouse, but you are able to file for divorce immediately. The fifth ground for divorce in South Carolina is what is called a “no fault” divorce, and this requires that the two spouses live separate and apart (no nights under the same roof) for at least 365 days prior to the date of filing for divorce. Consult a South Carolina family law attorney for more information about your specific situation.

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