Bill Text: SC H3231 | 2019-2020 | 123rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Divorce

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-04-10 - Referred to Committee on Judiciary [H3231 Detail]

Download: South_Carolina-2019-H3231-Introduced.html

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A BILL

TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ADD AS A GROUND CONDUCT OR TREATMENT THAT DESTROYS THE WELL-BEING, HAPPINESS, AND WELFARE OF A SPOUSE AND RENDERS CONTINUED COHABITATION UNSAFE OR UNENDURABLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-3-10 of the 1976 Code is amended to read:

"Section 20-3-10.    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)    conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness, and welfare of the other and renders continued cohabitation unsafe or unendurable; or

(6)    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."

SECTION    2.    This act takes effect upon approval by the Governor.