In South Carolina, a spouse can file for divorce on grounds of domestic violence and abuse. This is known as “fault-based” divorce, meaning that one party was the cause of the divorce. However, for divorce to be granted on grounds of domestic abuse or cruelty, the victimized spouse must provide proof of the abuse.
Evidence of violence in the marriage can take multiple forms. If you are filing for a South Carolina divorce on grounds of domestic abuse, it is important that you work with your legal representative regarding the kind of evidence you have at your disposal during your case.
Here is some of the evidence you may produce to help strengthen your case during your fault-based divorce:
Voice mail records, text messages and emails that are indicative of violence can be produced as evidence in court. These can include threatening messages or text or audio that contain violent threats or cursing.
Any third party who witnessed or saw the incident that led to domestic abuse can be called upon to testify during the divorce proceeding. The victimized spouse as well as the police officer who responded to the 911 call also be called upon to give their testimony.
Home security cameras may have captured footage of the violence. If this happened, then the CCTV footage can be produced in court as evidence of abuse. And if any bystanders captured the altercations on their cellphone camera, this too can be used as evidence.
If the violence resulted in physical or emotional abuse, then the physician or psychiatrist who treated the victim can testify in court whether the injuries in question are consistent with domestic violence.
While there are a number of reasons why a South Carolina couple may decide to end their marriage, domestic violence is always wrong. Find out more about how you can present your case while filing for divorce on grounds of domestic violence.