South Carolina allows at-fault divorces based on four grounds: (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion. The first three are sometimes referred to as “90-day divorces” because they don’t require a full year of separation. While at-fault divorces can move faster than traditional divorces, they are often more contentious due to the nature of the claims, and usually do not resolve within 90 days.
In an at-fault divorce, the petitioner must provide clear proof of fault. This means having strong evidence such as witness testimony, photos, medical records, or audio recordings. Without sufficient proof, the case cannot proceed under at-fault grounds, and the petitioner may need to file for a no-fault divorce based on one year of separation.
