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Fault changes the preparation of a divorce case. When adultery, physical cruelty, or habitual drunkenness, which can include drug use, is part of your marriage, South Carolina law requires more than a painful story. You need proof that connects your spouse’s conduct to a recognized fault ground and shows that it caused the breakdown in your marriage.
A Spartanburg fault-based divorce lawyer at Holland & Usry will help you understand what evidence is worth preserving and how fault can affect the larger picture. Our experienced divorce attorney keeps the process clear and focused so you’re not left guessing about your next step.
Fault-based divorce is different from a divorce based on living apart for one year. Instead of relying on separation alone, you’re asking the court to grant a divorce because your spouse’s conduct fits one of the state’s fault grounds. South Carolina recognizes five legal grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness (including drug addiction), and one year of continuous separation without cohabitation. People rarely seek a divorce on desertion, because of the availability of a divorce on one year of separation. These grounds are outlined in South Carolina Code § 20-3-10 and form the basis for both fault-based and no-fault divorce actions in the state.
Adultery usually requires proof of opportunity and romantic interest, because direct proof is rare. Physical cruelty involves physical abuse that puts you at risk of harm. Habitual drunkenness or drug use means a pattern of alcohol or drug abuse that has helped break down the marriage.
The proof can come from messages, financial records, and witness testimony, among other reliable sources. A Spartanburg attorney at Holland & Usry will help you sort through the evidence and determine what’s most helpful to your fault-based divorce case.
A Spartanburg divorce attorney will also look beyond whether you can get divorced on fault grounds. Fault can affect money issues, especially alimony. Under state law, a divorce granted on adultery has a major effect on alimony.
Fault can also matter when the court divides marital property, although it plays a much smaller role than people think. The judge looks at the full picture, which includes many other factors.
A fault-based divorce attorney in Spartanburg can help you make steady decisions at a time when everything feels personal. Evidence has to be gathered properly. Conversations need to be managed. Settlement decisions should be made with a full understanding of what you’re giving up or protecting.
Holland & Usry will support you through each stage while keeping your case grounded in facts. We’ll explain what state law allows and how each decision can affect your future. You’ll have guidance that’s centered on helping you move forward with more control.
Fault-based divorce is about more than naming what went wrong. It’s about establishing legal grounds, protecting your financial interests, and making decisions that help restore your peace of mind. A Spartanburg fault-based divorce lawyer at Holland & Usry will help you understand your options and prepare for what comes next.
Call Holland & Usry today to discuss your situation.