In South Carolina, there are five defined grounds for divorce – adultery, habitual alcohol or drug abuse, physical cruelty, desertion of at least one year and no-fault separation of one year. The no-fault separation grounds for divorce have made actual desertion uncommon. No special proof is required for a no-fault separation divorce filing, however, proof is required when filing for divorce on the grounds of adultery, habitual drug or alcohol abuse and physical cruelty – and that is where a PI can help.
Physical Cruelty
Filing for divorce on the grounds of physical cruelty doesn’t require proof of actual physical injury in South Carolina. However, the court will require proof that your spouse has behaved in a manner that put you at risk of serious physical harm or death. Attempting to run a person over in a vehicle is one such example.
Habitual Abuse of Alcohol or Drugs
Divorce on the grounds of habitual abuse of drugs or alcohol requires proof beyond simply using or consuming these substances. The court will need to see evidence of a sustained pattern of substance abuse. Criminal records related to substance abuse, credit card bills showing frequent alcohol purchases and medical records relating to substance abuse can be used as evidence in court for divorce on these grounds.
Adultery
South Carolina does not require proof of actual adultery to file for divorce on these grounds. You do have to provide at least circumstantial evidence that your spouse had the opportunity to commit adultery and the inclination or intent to cheat. Of the different grounds for divorce, adultery can be the toughest to prove. Many people hire a PI for help in gathering the necessary evidence to pursue a divorce on the grounds of adultery.
Filing for divorce on the grounds of adultery, physical cruelty and habitual drug or alcohol abuse does not require you to be separated from your spouse at the time you file. However, the court will expect to see sufficient evidence to support your grounds for divorce in order to force your spouse to leave your home if they are still living there. If you have questions about preparing for a divorce filing or gathering appropriate evidence for court, a private investigator can help you develop a rock solid case.
