The Complaint for Divorce is the initial document filed with the South Carolina court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds: No-Fault Based Grounds: (1) Living separate and apart for at least 1 year without cohabitation. Fault Based Grounds: (1) Adultery; (2) Desertion for at least one year; (3) Physical cruelty; (4) Habitual drunkenness or Drug abuse. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-10).
The laws in South Carolina regarding divorce are definitely stricter than many other states, for example, Nevada where getting a divorce is so simple. To obtain a divorce when both spouses are living in SC, the filing spouse must have been a resident of SC for at least 3 months, but when only one spouse lives in SC, they must have lived in SC for one year. On top of the residency constraints, the couple must be separated for one year before a divorce is legally granted. There are only four main reasons for a divorce outlined in the Code of Laws, as stated above, but I must admit that I am surprised not to see “irreconcilable differences” as one of those reasons. I think this is good thing. Having strict divorce laws requires that both partners really think about the consequences of their decision, as well as causing them to ask themselves, “Do I really want a divorce?” I don’t see a reason why the policy should be changed. If divorce rates are on the rise, maybe one of those reasons is that people are deciding that it is too much effort to work through their problems and that it is easier to just get a divorce.We don’t include “for better or worse” in our marriage vows for nothing. I’m not married, but from what I understand, the “for worse” part is what really trips people up. Do they forget that they promised "to love and cherish each other for as long as they both shall live?” Perhaps stricter divorce laws looks to remind people of those vows. Yet I understand that for those who seek divorce for reasons other than "we just don't like each other anymore" have a very hard time during the divorce process. Perhaps the policy regarding the divorce process with special circumstances should be re-evaluated.
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If you were in charge of social policy, what specific changes would you make to SC law?
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