Divorce is an emotionally taxing and legally complex process. There are two categories of divorce in Greenville, South Carolina: fault-based and no-fault. One spouse blames the other for the breakdown of the marriage in a fault-based divorce, whereas in a no-fault divorce, the couple simply asserts that the marriage is irretrievably broken. In this article, we will discuss the fault-based divorces available in Greenville, South Carolina, as well as what you need to know about them.
Our Greenville divorce attorneys at David W. Martin Law Group recognize that divorce can be a trying and emotional time for our clients. We are committed to providing our clients, regardless of the type of divorce they are confronting, with compassionate and effective legal representation. Here are the different kinds of divorces based on marital misconduct that you can seek in Greenville, South Carolina:
Adultery divorce is a frequent type of divorce based on fault in Greenville, South Carolina. To petition for an adultery divorce, the filing spouse must provide evidence that the other spouse had sexual relations with a third party. The evidence may be circumstantial, such as text messages or emails, or direct, such as the testimony of eyewitnesses. Adultery-related divorces can affect issues like alimony and property division.
Physical Cruelty Divorce
In Greenville, South Carolina, you can also file for a divorce on the basis of physical cruelty. To petition for a divorce based on physical cruelty, the filing spouse must provide evidence of physical abuse or cruel treatment. This includes striking, punching, slapping, and any other form of physical aggression. Examples of evidence include police reports, medical records, and eyewitness accounts.
A desertion divorce occurs when one spouse deserts the other without justification. To file for a desertion divorce, the petitioning spouse must demonstrate that the other spouse departed the marital residence with the intent to abandon the marriage. Witness testimony or written communication, such as emails or text messages, can constitute evidence.
Habitual Drunkenness or Drug Use Divorce
When one partner’s problem with alcohol or drugs is so severe that it negatively impacts the marriage, this is known as a habitual intoxication or drug abuse divorce. To file for this form of divorce, the filing spouse must demonstrate that the other spouse has an excessive drinking or drug use habit that has harmed the marriage. Evidence can include medical records or the testimony of a witness.
If you are contemplating filing for divorce in Greenville, South Carolina, it is essential to comprehend the various fault-based divorces available. David W. Martin Law Group is committed to helping clients accomplish the best possible outcome in their divorce case, regardless of the type of divorce they are experiencing. Contact us as soon as possible to schedule a consultation and discover your legal options.