South Carolina recognizes the following grounds for at-fault divorce: (1) Adultery,(2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion*. *This is hardly ever used because the requirements are the same as a 365 day divorce.
The thing to remember before you file on one of the above grounds is this: you have to be able to PROVE the fault. You have to have clear evidence. Witnesses, pictures, medical records, audio recordings, and other evidence are REQUIRED to proceed with an At Fault Divorce. If you cannot prove one of these grounds, you will need to file under the traditional divorce ground; the 1 year separation divorce.
The At Fault Divorce path moves quicker than usual divorce proceedings, and sometimes is called a “90 day divorce” (although it should be noted that almost nothing in the COVID-era of the court system moves within 90 days). BUT, it should be noted that in this scenario, there is a wrong-doer, which can create a more contentious court environment.
