Can my spouse file for divorce citing irreconcilable differences and an absence of affection?
Full Question:
Answer:
There are two types of divorce-- fault and no-fault. A fault divorce, is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some jurisdictions authorize no-fault divorces, based on incompatibility, such as irreconcilable differences. The consequences of no-fault divorces vary from state to state. No-fault divorce eliminates this potentially embarrassing and adversarial requirement of stating others grounds by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce.
South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. Additional grounds include; adultery, desertion, physical cruelty and addiction to drugs or alcohol. It is not necessary for both spouses to consent to filing a divorce petition. A divorce petition may be filed by only one spouse, and if the other spouse doesn't file an answer to the divorce complaint, it is still possible to be granted a default divorce decree.
The following is a SC statute:
§ 20-3-10. Grounds for divorce.
No divorce from the bonds of matrimony shall be granted except upon one
or more of the following grounds, to wit:
(1) Adultery;
(2) Desertion for a period of one year;
(3) Physical cruelty;
(4) Habitual drunkenness; provided, that this ground shall be construed
to include habitual drunkenness caused by the use of any narcotic drug;
or
(5) 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.