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.
HISTORY: 1962 Code Section 20-101; 1952 Code Section 20-101; 1949 (46) 216; 1952 (47) 2142; 1969 (56) 172; 1979 Act No. 10 Section 1.
Structure South Carolina Code of Laws
Section 20-3-10. Grounds for divorce.
Section 20-3-20. Effect of collusion.
Section 20-3-30. Residence requirement.
Section 20-3-40. Married person deemed of age.
Section 20-3-50. Jurisdiction of actions for divorce.
Section 20-3-70. Service of summons on nonresident.
Section 20-3-80. Required delays before reference and final decree; exceptions.
Section 20-3-90. Attempt at reconciliation.
Section 20-3-100. Attempt at reconciliation when one party is in armed forces overseas.
Section 20-3-110. Injunctions incident to divorce suits.
Section 20-3-120. Alimony and suit money.
Section 20-3-125. Petition to enforce award of attorney fee.
Section 20-3-130. Award of alimony and other allowances.
Section 20-3-135. Spousal support obligation when marriage declared void due to fraud.
Section 20-3-145. Attorney fee to constitute lien; payment to estate.
Section 20-3-160. Care, custody, and maintenance of children.
Section 20-3-180. Change of name after divorce or separation.
Section 20-3-190. Divorced wife barred of dower.
Section 20-3-200. Divorce shall not render children illegitimate.
Section 20-3-210. Unlawful advertising for purpose of procuring divorce.
Section 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.
Section 20-3-410. Short title.
Section 20-3-420. Nonresident divorce shall be void if parties were domiciled here.
Section 20-3-430. Prima facie evidence of domicile.
Section 20-3-440. Construction.
Section 20-3-610. Spousal equity and ownership rights.
Section 20-3-620. Apportionment factors.
Section 20-3-630. Marital property; nonmarital property.
Section 20-3-640. Declining values of contributions.
Section 20-3-650. Sequestration of property.
Section 20-3-660. Court's authority to achieve equitable apportionment.
Section 20-3-670. Notice of pendency of action.
Section 20-3-680. Form of transcript of judgment.
Section 20-3-690. Subject matter jurisdiction over contracts.