Although a no-fault divorce is a popular choice for many couples, you have the right to cite fault grounds when ending your marriage.
In South Carolina, fault grounds include:
- Physical cruelty
- Habitual drunkenness
You and your spouse must have lived apart from each other continuously for at least a year to obtain a no-fault divorce here. To some, this is often seen as a disadvantage, especially if you desire a speedy divorce. Discover other potential downsides in the sections below.
It may silence your “voice”
If speaking out about what led to your breakup matters to you, a no-fault divorce might not offer much closure. Judges try to move through these divorces quickly when possible. Since you are not citing fault, there is little need (or opportunity) to discuss your divorce circumstances.
It may violate your morals
An unexpected side effect of no-fault divorce is that you might soon feel you gave up on marriage too quickly. Some believe no-fault proceedings devalue the vows spouses take on their wedding day. You may regret your desire to end things without a valid legal reason (grounds).
It takes your defenses away
The no-fault option removes the chance to fight back against your divorce in most situations. If you believe there is a chance to reconcile, you may benefit from a slower, fault-based divorce. It could give you more time to attempt reconciliation. However, if your spouse truly wants a divorce, there is little you can do to stop it from happening.
Before you agree to a no-fault divorce, look within yourself to determine if it is right for your situation. From there, familiarize yourself with the divorce laws in your region to preserve your property and child custody rights.