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Family Law

: SC Family Law Blog

Divorce on the Basis of Desertion

By Ben Stevens (all)

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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