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Family Law

: SC Family Law Blog

Divorce on the Basis of Desertion

By Ben Stevens

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One of the five grounds for divorce in South Carolina is desertion.  The elements that must be proved to get a divorce on the ground of desertion are:

  1. No cohabitation for one year;
  2. Intent of person that left not to resume cohabitation;
  3. Absence of consent by the other person; and
  4. Absence of justification for the separation.
However, this ground is rarely used these days, since the mandatory separation period for a "no fault" divorce was reduced from three years to one year many years ago.

Full post as published by SC Family Law Blog on January 28, 2008 (boomark / email).

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