Barring the quickie-divorce heaven of
The divorce rates in the Southern States are roughly 50 percent above the national average, with nearly half of the marriages ending in divorce. One of the reasons for high divorce rates in the South is that more couples enter their first marriage at a younger age and the average household incomes in the South are lower. Of Southeastern States, only
In order to file a divorce suit in
In order to institute an action for divorce from the bonds of matrimony, the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action (South Carolina Code- Title 20- Chapter 3- Section: 20-3-30).
Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides (South Carolina Code- Title 20- Chapter 3- Section: 20-3-60).
The grounds for divorce in
No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:
- Adultery;
- Desertion for a period of one year;
- Physical cruelty;
- Habitual drunkenness; provided that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or
- On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground (South Carolina Code- Title 20- Chapter 3- Section: 20-3-10).
The divorce process begins by the service of the summons and complaint by one of the spouses. The spouse filing the complaint is called the “plaintiff” while the one on whom the complaint is served is called the “defendant”. Once the complaint is served, the defendant is given 30 days to file a formal written “answer” and any “counterclaim”. In all cases referred to a master or special referee, such master or special referee summons the two parties and makes an earnest effort to bring about reconciliation between the two parties. No judgment of divorce can be granted unless the master or special referee certifies in his report that attempt for reconciliation had been initiated without any success. If the case had not been referred to any special referee, it becomes the duty of the judge to ensure that an attempt at reconciliation is made. The court may also order the parties to attend a parenting course that deals with the families going through a divorce.
If the two spouses fail to agree on child custody and visitation, the court may decide the matter on the basis of the “best interests of the child”. The court may order joint or shared custody. In
The overall divorce rate in
