The South Carolina No Fault Clause, also known as the "No-Fault Divorce" or "No Fault Grounds for Divorce," is a legal provision that allows couples to dissolve their marriage without the need to prove any wrongdoing or fault by either party. This provision ensures that the divorce process does not turn into a battle of blame or allegations, focusing instead on the objective of ending the marriage in an amicable and efficient manner. In South Carolina, there are two types of No Fault Clauses recognized: No-Fault Divorce based on a period of separation and No-Fault Divorce on the grounds of irreconcilable differences. 1. No-Fault Divorce based on a period of separation: This type of No Fault Clause requires couples to have lived separately and apart for a specific duration before filing for divorce. In South Carolina, the separation period mandated is one year if the couple has no minor children and three months if there are minor children involved. During this period, the spouses must not have cohabited or resumed their marital relationship. 2. No-Fault Divorce on the grounds of irreconcilable differences: This type of No Fault Clause allows couples to dissolve their marriage simply by stating that they have irreconcilable differences leading to the irretrievable breakdown of their marriage. No detailed explanation or evidence needs to be provided; a simple assertion by one or both parties is sufficient to initiate the divorce process. The South Carolina No Fault Clause has several key benefits. Firstly, it promotes a less adversarial and more cooperative approach to divorce, reducing the emotional strain on both parties. Secondly, it streamlines the legal process, allowing for a quicker resolution and freeing up the court's valuable time. Lastly, it helps to protect the privacy of the individuals involved, as details of personal misbehavior or misconduct do not have to be disclosed in court. By implementing the South Carolina No Fault Clause, the state aims to foster respectful and peaceful resolutions to marital problems, offering couples an opportunity to part ways amicably without resorting to a blame game. Whether opting for divorce based on a period of separation or irreconcilable differences, this clause provides an efficient and less confrontational path towards the dissolution of a marriage in South Carolina.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.