What Marital Factors Constitute an "At Fault" Divorce in South Carolina?

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Divorce can be a challenging and emotionally draining process, especially when it involves determining fault. In South Carolina, an "at fault" divorce is based on specific marital factors that contribute to the breakdown of the marriage. Understanding these factors is crucial for those seeking a divorce in the state. In this blog post, we will provide you with comprehensive insights into the marital factors that constitute an "at fault" divorce in South Carolina.

1. Adultery

Adultery is one of the most common grounds for an "at fault" divorce in South Carolina. If one spouse engages in extramarital affairs, it can significantly impact the marriage and lead to its dissolution. To prove adultery, substantial evidence is required, such as photographs, witness testimonies, or communication records.

2. Physical Cruelty

Physical cruelty refers to any act of violence or physical harm inflicted by one spouse upon the other. This can include physical abuse, assault, or even threats of violence. If you have been a victim of physical cruelty, it is crucial to gather evidence, such as medical records, photographs, or police reports, to support your case.

3. Desertion

Desertion occurs when one spouse abandons the marital home and refuses to provide financial support or maintain the marital relationship. To establish desertion as grounds for an "at fault" divorce, evidence is required to demonstrate the intent to abandon, such as proof of the spouse's departure and a lack of communication or support.

4. Habitual Drunkenness or Drug Abuse

If one spouse has a severe and ongoing issue with alcohol or drug abuse, it can lead to the deterioration of the marriage. To establish habitual drunkenness or drug abuse as grounds for an "at fault" divorce, evidence such as medical records, witness testimonies, or police reports can be crucial.

5. Willful Neglect

Willful neglect refers to the intentional failure of one spouse to provide financial support, care, or attention to the other spouse. If you believe your spouse has willfully neglected their responsibilities, gathering evidence such as financial records, witness testimonies, or communication records can be vital in proving your case.

Going through an "at fault" divorce can be a complex and challenging process. If you find yourself facing any of these marital factors, it is essential to seek professional guidance to navigate the legal complexities and protect your rights.

At Horton & Associates, LLC, we understand the emotional and legal complexities of divorce cases in South Carolina. Our experienced family law attorneys are dedicated to providing compassionate support and effective representation throughout the divorce process. Contact us today to schedule a consultation and discuss your specific situation.

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