Divorce on the Basis of Desertion

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.
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Comments (1) Read through and enter the discussion with the form at the end
Brian - June 6, 2008 8:10 PM

I left my wife over a year and a half ago. We were living in SC (and married in SC) Then I left and moved to NC for a year. Im now living in Myrtle Beach area. I was wondering if I could use the Desertion for bases of divorce? She has had a lawer for some time. But I just cant afford one. Any suggestions?

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