What are the grounds for divorce?

In South Carolina, there are six legal grounds for divorce. These are adultery, physical cruelty, habitual drunkenness, a husband or wife having been sentenced to confinement in jail or a penal institution, one of the parties being incurably insane for at least three years, and the voluntary separation of the parties without a cause of action for at least one year. Adultery is defined as sexual intercourse between a married person and someone other than their spouse. Physical cruelty is defined as the intentional infliction of physical or mental injury on a spouse or a child. Habitual drunkenness is defined as the chronic or repetitive misuse of alcohol. If either party is sentenced to confinement in a jail or a penal institution, a divorce may be granted. A court can also grant a divorce if one of the parties is incurably insane for at least three years. Finally, the voluntary separation of the parties without a cause of action for at least one year can also be grounds for divorce. In South Carolina, the party filing for divorce must state the grounds for the divorce in their complaint. The court will then review the complaint and make a determination as to whether the grounds for divorce have been established. If the court finds that the grounds for divorce have been satisfied, it will grant the divorce.

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