Can a spouse move for a divorce under the ground of habitual drunkenness?
Full Question:
My wife and I live in South Carolina. We are married for five years. My wife is a habitual drunkard and is addicted to drugs. I want to file a divorce. Under what ground can I file a divorce?
01/17/2017 |
Category: Divorce ยป Grounds |
State: South Carolina |
#30390
Answer:
S. C. Code Ann. § 20-3-10 lays down grounds for divorce. It reads:
“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.”
(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.”