Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in South Carolina. Generally, either spouse can file for divorce if they meet South Carolina’s residency requirements and have grounds for divorce, such as adultery, physical abuse, or abandonment. However, a defendant may be able to raise defenses to a divorce action. The most common defense to a South Carolina divorce is called equitable estoppel. This defense states that if the defendant changes his or her behavior in reliance on a promise or agreement from the other spouse, that the defendant should not be made to suffer a financial or legal detriment from that change in behavior. A defendant can also present a defense of recrimination, which may be available if the other spouse was also engaged in an action that gave grounds for the divorce. If so, the court can deny the divorce or find that both spouses are equally responsible for the marital problems and dismiss the divorce action. The other defense is called connubial cruelty, which means that the defendant either wasn’t aware of or was unable to stop the marital misconduct of the other spouse. If connubial cruelty is proven, the court can refuse the divorce or award a lesser amount of alimony or division of assets. The decision to file for divorce is a serious one and should not be taken lightly. If you are facing a divorce action in South Carolina, it may be in your best interest to consult an attorney to explore any of the possible defenses available to you.

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