Causes of Divorce – The Three A’s

There are probably as many causes of divorce as there are individuals divorcing. Only the couple themselves can really make the decision as to whether it is genuinely “irretrievably broken.”

I would submit that there are three key areas that encompass the most of the real causes of divorce – the “3 A’s – Adultery, Abuse, and Addiction.”

Adultery is one of the leading underlying causes of divorce in this country. According to the electronic article “Adultery: Statistics on Cheating Spouses,” published by Eagle’s Nest Publications, “60-70 percent of adultery victims are women” while “30-40 percent of adultery victims are men.” In various countries adultery is illegal. In the United States, adultery is only legally recognized as grounds for divorce in a couple of states. However, adultery is usually one of the top reasons cited for divorce. This is not a new behavior, but modern technology, readily available sex partners and societal apathy seems to foster the behavior. There are many couples who have been able to survive an adulterous affair and rebuild a marriage, but this is usually a challenging process and takes a great deal of commitment. If the couple are not each focused on rebuilding a relationship of fidelity and trust, the marriage will likely not survive as a healthy relationship.

Abuse has so many faces, that it really is a study in and of itself. Perhaps it will suffice to say that abusive behaviors do not go away just because they are exposed to the light of day. Abuse, be it emotional, physical, sexual, or any combination, takes counseling and sincere and focused work and commitment to change. It often requires significant counseling and the work of a twelve step program to come to self-mastery. And, very often the abused cannot risk staying until the abuser masters herself or himself.

Addictions lead many people to become so dependent on a behavior or a substance that they no longer see how to abstain from it. These addictions – whether it be physical, such as drugs, alcohol, pornographic or sexual addictions, emotional, such as eating disorders, gambling or shopaholism, or other addictions, interfere with an individual’s abilities to place their priorities on their marriage and family relations. Everything becomes secondary. And as with abuse, the other spouse may not choose to endure the fallout in hopes that the addicted party can become sober from their addiction and remain so.

There are powerful 12-Step programs available that address the whole gamut of addictions, including pornography and sexual addictions, as well as substance abuse and gambling. Many psychologists and other mental health professionals suggest that these addictions are only mastered and controlled through a 12 step program, based on the original Alcoholics Anonymous model. Where there is addiction, there are victims of those addictions within the family, and healing best occurs if those victims of the addictions seek counseling and help as well as the addict himself/herself.

There are avenues of trying to deal with each of these problems, if both parties are determined to work at the solutions. In the short term, it may seem the more difficult choice. Often it does not work because the spouses are not equally committed to building a relationship that will survive.

Is Marriage Good For Your Health?

Lots of people seem to run from the idea of marriage as if it may cause them financial and physical ruin. There are actually many documented benefits of marriage-physical, mental and economic among others. I wouldn’t suggest getting married just to cash in on these benefits, mind you, but engaged and married couples might be happy to know these facts. And those fearful of marriage might find it eases fears.

I have a pro-marriage perspective. However, let me say up front that I realize that not all divorces can or should be prevented, especially if any kind of abuse is occurring. My intent is to provide positive information about marriage.

In the interest of brevity, I will touch on just a few physical benefits of marriage. I’d be happy to share more details if you are interested. In other articles, I’ll share some surprising health benefits that married parents provide to their children.

For the adults:

1) Married people live longer than similar individuals who are single or divorced, even after factoring in income, race and background. (This is true for women, but there’s an even stronger correlation for men.)

2) Men and women who are married have lower rates of substance abuse and alcohol consumption than unmarried individuals, even after controlling for genetic factors and family background.

3) Married individuals have a much lower rate of suicide than those who divorce. Men and women who divorce are tragically twice as likely as married individuals to attempt suicide. Married women have lower rates of suicide than divorced, widowed or never-married women.

4) Married men and women are on average healthier than single, divorced or cohabiting individuals. Researchers don’t know if this is because healthier people get married or because marriage helps them to stay healthier. However, they do know on average married couples live healthier lifestyles, monitor one another’s health and have more wealth, which all probably contribute to better health. A large study of retired individuals showed much less disease and impairment in married individuals than widowed, divorced or cohabiting individuals, after controlling for age, race and sex. A caveat here is that better quality marriages led to better health outcomes! Stress inside or outside a marriage is never good for one’s health.

More information on these studies can be found in “Why Marriage Matters, Second Edition by Institute for American Values.”

The Costs of Rising Divorce Rates Across The US

The latest statistics claim roughly 60% of marriages end in divorce. Second or third marriages have only about 20% of couples remaining happily married. A full eighty percent of repeat marriages end in divorce. Over one million children watch their parents divorce each year, and half of the babies born this year will suffer through the divorce of their parents before they turn 18. While divorce is often necessary, there is no denying rising divorce rates signal societal issues.

The Reasons for Divorce

There are many reasons couples seek divorce. While only a few are listed on official divorce documents, the list of personal reasons is endless and often there is not a single cause for the end of a marriage. One of the most popular reasons cited in a divorce is simply a no-fault “irreconcilable differences.”While different states might use different terminology, it just means that two people simply failed to get along.

Other reasons for divorce include physical, emotional or sexual abuse and infidelity. Many consider these to be two of the very few justifiable reasons for divorce. Dangerous relationships should be stopped immediately and if a partner refuses to stay faithful, the marriage is no longer the lasting commitment it was designed to be. In both of these cases, children are best removed from the offending parent, but the same cannot be said for other forms of divorce.

The Effects of Divorce

Most studies of divorce deal with the children under eighteen involved in the dissolving family. If a childless couple chooses to divorce, they directly impact only themselves. However there is an indirect impact of any divorce, and that is that a divorce for any reason is common and acceptable. While there is no doubt that all manners of divorce are indeed common, there is great debate over the acceptability of the dissolution.

When parents divorce, studies have long shown that children are the most affected. While many children grow up happy and healthy following a divorce, studies have shown that this not always the norm. According to research children of divorced parents:

o Are more often involved in abuse or neglect.

o Have more health, behavioral and emotional problems.

o Are more involved in crime and drug abuse

o Have more incidents of suicide.

o Perform poorly in reading, spelling and math.

o Are more likely to repeat a grade, drop out and be unsuccessful completing college degrees.

o Will likely earn less as adults than children of intact families.

o Lose their virginity at a younger age.

o Are less likely to have children of their own.

o Are more likely to divorce as adults.

o Are more likely to grow up in a level of poverty.

Lasting Complications

While there is no evidence that every child of divorce will be impacted severely in any way, it is impossible to define the exact impact of divorce on any child. As these millions of children grow to marry and start families of their own, the costs and suffering of their childhood impact their decisions and lives as adults.

Divorce affects all of society either directly or indirectly. Today there is little stigma associated with divorce. That is not to say divorce is overlooked completely. Women or men divorcing in dangerous and unfaithful relationships are often praised for leaving an unhealthy environment and protecting their children from its impact. Those electing a divorce because the simply dont get along anymore are not frowned upon, per se, but couples with children are often encouraged to find a solution for the marriage rather than obtaining a hasty divorce.

The long-term effects of more casual divorces are becoming more obvious, especially in regard to the children affected. While a divorce isn’t pretty and it can have lasting impacts, in some cases it is simply the best option. Only you can know if it is indeed the best solution for your current situation.

How to Get Your Husband Back Before a Divorce

I know the panicked feeling in the pit of your stomach when you know that you’re up against the clock if a potential divorce is on the horizon. I’ve lived this. And, I was so sure that once the ink was dry on our divorce papers, my husband, the person I loved most in this world, would be gone from my life forever. So, I know that you might just be tempted to pull out all of the stops or to try something desperate to stop the divorce. But, I can also tell you from experience that this will often backfire too and make a reconciliation harder in the end.

In my experience, there’s a much better way to get him back. And, it doesn’t include ultimatums, or pleads, or even legal maneuvering. It just includes understanding male psychology and playing the game to win. I’ll explain this more in the following article.

Using Any Doubts That He Might Have About The Divorce To Your Advantage: I have a blog where I share the story of how I was able to share my marriage. I actually have many husbands who email me and tell me that, deep down, they aren’t sure if the divorce is the right thing. But, that they just can’t imagine things getting any better.

In my experience, very few people go into a divorce, trial split, or separation absolutely sure that it’s the right thing to do. Instead, usually a divorce (or the threat of one) is sort of throwing up your hands because you feel like you’re out of options.

It’s important to understand this, because that doubt leaves you a tiny bit of wiggle room. Of course, you shouldn’t come right out and say this. Just keep in mind as you implement the tactics that I’m about the outline. I want for you to remember this because the cornerstone of this plan is confidence. So, if you go into this sure that you must perform miracles to change his mind, you’re not going to be able to pull off the self confidence that is needed. But, if you know in your heart that he is likely feeling some doubt or regret, your mind set is going to be a lot more conducive to what you need to convey.

Understanding What He Really Wants From You: Many wives believe that they have to be subservient or become the second class citizen in the marriage to lure their husbands back. They make all kinds of promises and assure the husband that they can “make him happy.”

In truth, no one can “make” someone else do something. But, you can create an atmosphere and experiences that are conducive to happiness. Husbands are not attracted to women who are begging, engaging, desperately negotiating, etc. You’ll have a far greater chance of success if you come off as confident, capable, and coping.

It’s human nature to want what you can’t have. Don’t mistake this for pulling away or acting as if you’ve washed you hands of him. Instead, you want to make clear that you’d very much like to save the marriage, but that you respect whatever decision that he makes and are going to make the best of it without him. And, really, this is the part that often does the trick.

Get Moving Rather Than Moping: Again, it’s so important that you portray classy confidence right now. Don’t let your husband see you (or know) that you are sitting on the couch with Ben and Jerry’s and watching old movies. Instead, get out there and have fun (or at least act like you are.) This will very often get back to him.

Another good tactic is to go out and get together with mutual friends. This will most definitely get back to him and will very likely peak his interest. Many wives ask me if they should let their husband’s think that they are seeing or are interested in someone else. My opinion on this is no. If he thinks or comes to this conclusion on this own, so be it. But, you really want to portray yourself as a wife who still loves her husband but one who is vibrant enough to make the best of it.

Creating Positive Experiences That May Turn This Around: Your number one goal right now is to transform your husband’s perception of you from negative to positive. So, when your new attitude peaks his interest, you want to use that as an opportunity to create positive perceptions and experiences. Make every encounter and interaction count. Be very careful of how you’re portraying yourself. You want to show him that you’re still the happy, vibrant, exciting woman that he first fell in love with so that he wants to see more of you.

And, you want to slowly build on positive interactions. Always move slowly. Don’t push. Don’t be needy or doubtful. All of these things elicit negative emotions, which you just can’ t afford right now.

Avoid Divorce and Rescue Your Marriage

With the increasing rate of divorce, it is evident that keeping a marriage is not easy. Many couples end up getting divorced because they failed to overcome the challenges of married life. Is your marriage going through rough times and you are afraid that your marriage might end in divorce? Do you want to avoid divorce and rescue your marriage?

Divorce is on the rise; that is a fact. There are reports that 50 percent of marriages end in divorce. Although many marriages end in divorce, it is not impossible to save your marriage and defy the statistics. It takes a lot of work to keep a long-lasting relationship like marriage but in the end it is worth all the efforts. So how to avoid divorce and rescue your marriage?

Decide to work hard to keep your marriage. One of the reasons why divorce is such a common thing now is that it became an option for couples who are experiencing difficulties in their marriage. Couples attitude towards marriage have changed and marriage is treated not as sacred as before. It is so easy to get a divorce now that it became an option to escape a troubled marriage. If you still love your spouse and you have children, it will be a big mistake to just get a divorce and give up working hard for your marriage. If you want to stay married, it is important to have that firm decision to work hard to avoid divorce and rescue your marriage.

Enjoy life separately and as a couple. People who rely only on their spouses for their happiness or think that their spouses could fill the void in their lives is putting too much pressure on the marriage which could lead to separation. It is a difficult job for your spouse and you may end up disappointed and your spouse may resent you or may get angry for having to live up with your expectations. On the other hand, couples who are self-assured and who find happiness by sharing their lives with their spouses, children, family and friends and who have a life of their own as individuals and as a part of a couple in a marriage are more likely to succeed in keeping a long-lasting relationship. To avoid divorce and rescue your marriage, avoid putting too much pressure on your spouse and the marriage. Create that balance of having a fulfilling life inside and outside your marriage.

Good communication. It is an old formula but still true until now. The key to a long-lasting successful relationship is good communication. Lack of communication can lead to misunderstandings, wrong assumptions and confusions. Couples who rarely talk to each other tend to guess and assume things creating a wall between them. Good communication brings couples closer to each other. When verbal communication is not possible, writing letters and sending text messages are great options to communicate. A good communication is not all about talking but it includes the ability to listen and hear what your spouse want to say. Let your spouse feel that he or she is being heard. If you can calmly discuss or talk about the issues in your marriage, you can work as a team to resolve the problems in your marriage. Great communication skills are important if you want to avoid divorce and rescue your marriage.

Get help. Marriage problems are sometimes too big for couples to handle on their own but this does not mean that divorce is the only option. A mediator or marriage counselor or people who are successfully married can help you see the problems in your marriage in a different perspective. Do not hesitate to ask help because there are people who can help you avoid divorce and rescue your marriage.

Keeping a long-term relationship like marriage is not that hard if you are determined to stay married with one person for the rest of your life. Marriage is a sacred vow that you and your spouse promised to keep for better and for worse. To save your marriage visit Save A Troubled Relationship.

I Thought I Wanted to Divorce My Husband But I Miss Him – Tips and Advice That May Help

I get a lot of emails from women who are having doubts or concerns about going through with their divorce.  Many thought they were OK with or even wanted the divorce previously, but now that their husband isn’t around as much and the reality is beginning to set in, then so too do the doubts.  I often have people who say things like “Should I tell him that I miss him, or just admit that it’s too late?” or “Are these feelings normal just because divorce is so final? Will they eventually go away?” 

Well, I can not see into the future, but I can tell you that any time you are having doubts and the little nagging voice in the back of your mind starts whispering to you, it certainly wouldn’t hurt to at least be open to the idea of listening.  Because unrest and discomfort just doesn’t typically happen when you’re completely satisfied and at peace with the situation at hand.  Sure, divorce is a huge, final end with huge repercussions.  You wouldn’t be normal if you weren’t feeling uneasy.  But missing your husband (and suspecting that you may want him back) is something else all together.  I’ll discuss this more in the following article.

Distance Really Can Make The Heart Grow Fonder: People often don’t believe me when I tell them that time and distance can actually make the relationship better.  That’s why when people write and tell me that their spouse “wants space,” I generally tell them to give it.  Because doing so allows your spouse a chance to miss you.  The quiet and calm allows for a more rational train of thought.  The anger and the tension abate because there is no longer anyone to engage with and the loneliness can allow both parties to objectively look at the situation (and any part that he or she played in it.) So, know that it’s actually quite common to see the situation differently once you’ve had a bit of time and distance.

Just Because I Miss Him, This Doesn’t Mean That Our Problems Will Go Away:  I have to be honest, I’m a huge proponent of saving marriages.  That’s even more so when one of the parties begins to experience old feelings or begins to acknowledge the void that being without the other person has left.  So, I fully believe that if you have these feelings, you should at least be open to thinking a bit more about where you want this to go rather than just shutting the door. 

But, when I tell women this they’ll often tell me things like “OK, admittedly I miss him, but there are still huge amounts of problems in this marriage.  Good intentions are one thing, but the reality is another.  We just can’t seem to make it work.”  Yes, but today is a new day.  It’s quite possible that the time and distance I keep harping on has helped you to see things in a new light.  And, I’ll tell you a little secret, often times, people who are trying to save marriages put the cart before the horse. 

Focusing On The Feelings Between You Rather Than Trying To Fix The Problems Immediately: What I mean by “placing the cart before the horse” is that so often people will roll up their sleeves, grit their teeth, and commit to “working on the marriages.”  The problem with this is that by the time most people reach this point, they are disconnected, no longer deeply bonded, and more than a little annoyed with each other.  Working on your problems is difficult, but working on them when both of you aren’t feeling deep feelings of connection, affection and intimacy, is like trying to hit a moving target.  This just doesn’t seem like a whole lot of fun.

Instead, I often tell people to first just try to restore some positive feelings between you.  Don’t even worry about trying to define where it is going or whether you’re reconciling or getting back together.  Don’t put this kind of pressure on yourself.  Instead, just admit the fact that you’re missing him, tell him if you decide to, and focus on spending some time together to see what happens.  Don’t worry about what is to come.  Just know that this person is a very important factor in your life and you want to see if maybe some time together will bring light to the fact that things could potentially change. 

You don’t need to have deep discussions of dwell on and on about what went wrong. In fact, I’d avoid this altogether.  Just focus on light hearted interactions that don’t allow for much pressure but do have the potential for a lot of fun.  You’re trying to see if there’s any chance for baby steps forward. Let one encounter build upon the other.  It shouldn’t take long under this scenario for it to become pretty clear where you stand.  But, at least entertain the possibility so that at the end of the day, you’ll know that you did all you could and didn’t ignore the feelings that are trying desperately to get your attention. 

Why Men Divorce Women?

Divorce nowadays is becoming very common especially among the Western world. In these countries, according to statistics, every second marriage is today ending up in divorce. Moreover, the surprising fact is that more than 70 percent divorce petitions are actually filed by women. This shows that women feel more dissatisfied in their marriages than men.

Going for divorce can be due to many reasons such as financial problems, infidelity, sexual dissatisfaction, physical and emotional abuse and drug use and alcoholism.

What are Men Looking for in a Marriage?

It has been seen that compared to women, men are generally more satisfied and happier with their marriage. But what kind of a marriage partner are they looking for? Men want someone who is bubbly, has positive attitude for life and can generate a cheerful atmosphere at home.

It is a proven fact that women play a major role in creating a positive and happy ambience in the house. Men like optimistic and not-too-demanding or dominating life partner, somebody who can give them their own space and generally has a positive attitude toward life’s challenges.

Men file for divorce when they are stuck with a spouse who is too obsessive and a control freak and who is always complaining about their behaviour in front of others and frequently insulting them.

Nitpicking and Criticism

Men are very irritated by women who are always finding faults in their behaviour. This type of attitude in the long run has a devastating effect on the marriage.

Men generally have a great emotional need to be taken care of by women. They generally reveal their innermost thoughts to them alone, not to their male friends. Men want somebody to take care of them and to love them. If they have a life partner who is full of criticism all the time, then it generally leads to divorce.

Control-freaks

Women who are control freaks and who want to dominate others are not liked by men. All men want some personal space for themselves and be their own masters. They do not want to be dominated by their wives and explain to them their every little action and expense.

Generally, they look for women who are gentle, polite and caring and leave them free for pursuing their own interests. Women who understand this need of men and give them enough freedom are successful in making their marriage happy and contented, while relationships where the wife is obsessed with controlling men and children do not usually last long.

Inability to Conceive

Every man wants that he should have his own children to carry forward his name and lineage. The urge to procreate is very strong among men. They therefore want women who are fertile and can give them healthy babies. This desire to have children is one of the major reasons why men want to marry.

Men are looking for life partners who are attractive and give the appearance of robust health, which they take as a sign of high fertility. Fatherhood has its own joys and men do not want to be deprived of the simple pleasures of bringing up their own children and moulding them into successful adults. Infertility among women is thus another important factor which can make men to seek divorce and look for other partners who can procreate and help them in starting a family.

Sexual Coldness

Sex is a basic human want and plays a very important role in a man’s life. A good sex life strengthens the relationship between husband and wife and makes their marriage happy. Regular sex helps in making the partners more intimate and caring towards each other.

Sex has many benefits, both physical and psychological. Married people with a good sex life feel better about themselves. If their wife has absolutely no interest is sexually cold toward them, then there is bound to be a problem in marriage. If there is sexual incompatibility and the partners do not feel like having sex with each other regularly, then the relationship often ends in divorce.

Infidelity

There are today many opportunities to have extra-marital affairs due to modern lifestyle. Indeed, infidelity has in recent decades emerged as one of the leading causes of divorce. No man can tolerate his wife having an affair or sexual relations with another man. It is betrayal of trust and destroys the very foundation of marriage. Very few marital relationships are able to withstand an episode of infidelity.

Learn More About a Divorce Lawyer

As the time modernizes, people getting surrounded by rules, laws and mostly needs a lawyer. A person practicing law is termed as lawyer and lawyers are of many types. Now a day, divorce has become a very important issue as it not only affects the couple but probably their children too. A divorce lawyer has great role in handling these cases which would be better to their clients.

What does a divorce lawyer do?

Variety of lawyer is available from criminal law to divorce law to patent law. They are known to the legal procedures through which they suggest and help their clients to resolve their problem by legal means.

Education and licensing

Divorce lawyers must graduate from law school where they learn about divorce law, family law and ethics. After graduating from college the law student must give a law examination through which they can get license to acquire their work on future. This license is only responsible for any lawyer of their genuine.

DIVORCE

It is the separation of marriage couple who don’t want to stay together. It is the solution of failure of any marriage and it has many cause regarding fights, domestic violence, extramarital sex, midlife crisis, addiction like alcoholism, gambling etc.

Many times divorce affects children’s academic, schooling, mental depression as well. These are not only making trouble to the couples but also to their family, work and profession. Society might also face some problems of imbalance in the surrounding.

DUTIES OF A DIVORCE LAWYER

A divorce lawyer works on child custody, disputes, leases and trusts and they help their client in their respective problems. They mostly spend their time in gathering evidence drafting papers and filing documents in the court. They collect all the information and represent in front of the judge.

They must have responsibility towards quick process and should not harass their clients by demanding more fees.

SKILLS

A divorce lawyer must be skilled at or focused on interaction with people to win confidence and respect from their clients. A trained profession, a divorce lawyer must be calm and sensible as their work might be strict towards the emotions and feeling.

LEGAL ADVICE

Married couples are advised to drop the decision of taking divorce and compromise to leave in peace so that no further conflicts would occur later. They are also informed about the child custody, property distribution to which more problems could occur and for this they should drop the idea.

Divorce and Community Property Division

One of the biggest worries and frustrations of couples pursuing divorce is division of assets. This one question can also cause additional conflict in an emotionally-charged process. Among the many aspects of divorce that can be regulated by state governments is the division of property and assets. In Arizona, the statute that regulates the disposition of property is Title 25 Marital and Domestic Relations, Chapter 318: Disposition of property; retroactivity; notice to creditors; assignment of debts; contempt of court.

This statute provides that, in a divorce or legal separation proceeding, the court can assign each spouse’s sole property to such spouse. The court can also divide any joint assets, which is why Arizona is referred to as a “Community Property” state. Community property may include all property and debt that was acquired from the start of the marriage to the cut-off date. Property acquired by either of the spouses outside of Arizona is still considered community property, if the property would have been legally considered community property if originally acquired in Arizona.

The formal property and debt settlement between the spouses is called a Marital Settlement Agreement or property award decreed by the Arizona Superior Court. The division of property is done without regard to any marital misconduct.

Debt is not something that many people consider when they think of marital property divisions. The court may consider all debts and obligations related to the property in their final judgments. Debts include taxes (accrued or accruing) that are a part of the sale of any property. There are certain exemptions to certain properties, included in Title 33 Property, Chapter 8: Homestead and Personal Property Exemption.

Note that the decision made by the courts regarding division of debts is binding on the spouses and not the creditors. Because debts are made between individuals and creditors (i.e. banks, credit card companies, medical companies, retailers, etc.), the court’s decision may not necessarily discharge a spouse’s responsibility from fulfilling the obligations of a debt.

If a spouse requests it, the court may issue a lien against the property of the other spouse in an effort to secure payment of the debts that the court orders the spouse to pay. This may be done to secure the payment of specific types of debt, including:

• Interest or equity that one spouse has in the property

• Community debts required to be paid by the spouses by the court

• Child support

• Spousal maintenance

Title 25, Chapter 318 of Arizona Marital and Domestic Relations also allows the court to consider damages and judgments that resulted in criminal conviction of a spouse. This refers to situations which the other spouse or child was the victim of “abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy or other property held in common.”

Any property owned jointly, which is not included in the settlement provisions, will be held in joint ownership. This means that both spouses will maintain half ownership or interest in the property. Additionally, the final decree or judgment will describe, in legal terms, the property affected by the provisions (including prospective and retrospective operation to property).

The complexity of property division is not determined by the reasons for which the divorce is being filed. Whether in a contested or uncontested divorce, this determination is generally made on a 50/50 basis, unless there are extraordinary circumstances. Due to the process involved and potential for conflict, many spouses prefer to reach a private settlement, with the aid of a divorce attorney.

Grounds For Divorce in South Carolina

In Order to receive a divorce in South Carolina you must have one of the five available legal grounds.

Physical Cruelty – This is the ground based upon one spouse’s physical mistreatment of the other. It can be established by either a series of abuse, or by a single incident of exceptional violence. There is no requirement that one spouse ever be arrested or prosecuted for domestic violence or any other crime.

Adultery – This is established by proving that the spouse had both motive and opportunity to have a physical relationship outside of the marriage. It can be established by purely circumstantial evidence. Adultery can be based on homosexual acts. Courts do not consider a purely online or telephone relationship to be adultery.

Habitual Drunkenness – This is proven by showing that one spouse abuses alcohol or drugs to the point that it has resulted in a breakdown of the marriage. The drug or alcohol use must exist close to the time the divorce case is filed.

Abandonment or Desertion – This is the ground based upon one spouse’s leaving the other without their consent for one full year. This is a fault ground, and was established before the advent of the “no fault” option described below. Although this ground still exists, it has fallen out of favor and is no longer actively pursued by most Family Law attorneys.

One Year Separation – This is based upon showing that the spouses are “living separate and apart without cohabitation for a period of one year.” A divorce on this ground can be granted as quickly as the same day the pleadings are filed, there is no set waiting period. Unless special arrangements are made however it ordinarily takes 6-8 weeks to receive a Court hearing.

All of the grounds will likely require additional evidence beyond the parties’ testimony. This is usually accomplished through the testimony of a third party who can verify the authentic of the ground. This rule was created to prevent people from making up a fault ground in an effort to defraud the Court into granting a divorce they were otherwise ineligible for.

Divorces based on Physical Cruelty, Adultery and Habitual Drunkenness may be granted by the Court after as little as 90 days. However in order to obtain an expedited divorce it is necessary to have a complete and full agreement with your spouse as to all ancillary issues (such as child custody, alimony, property division, or debt allocation). If you do not have an agreement, and a trial is necessary, it will ordinarily take much longer than 90 days to have your case come to Court. By that point you may be eligible for a divorce on the One Year Separation ground.

Legal Separation does not exist in South Carolina. Our closest equivalent is called Separate Support and Maintenance. In the event that a ground does not exist, or a spouse does not want to pursue a divorce, they can request relief resolving ancillary divorce issues through a petition for Separate Support and Maintenance. In the event that a ground for divorce cannot be fully proven Court the judge is allowed to consider the case as one for Separate Support and Maintenance.

Freelance Web Designer | WordPress Developer | Hong Kong