Physical Cruelty Divorce SC: Grounds, Proof & Impact

What Is Physical Cruelty in South Carolina Divorce?

First of all, are you being abused? If so, you fortunately have options. In fact, South Carolina allows divorce for physical cruelty. Moreover, this is one of five fault-based grounds for divorce.

Now then, let’s make this simple. Essentially, physical cruelty means your spouse hurt you. On the other hand, they made you fear getting hurt. Thankfully, the law takes this seriously.

Therefore, here’s what you need to know. Additionally, this guide explains everything. As a result, you’ll learn what counts as abuse. Furthermore, you’ll see how to prove it. Most importantly, however, you’ll understand your rights.

The Legal Definition Made Simple

What the Law Says

To begin with, since 1949, courts use the same rule. Specifically, the Brown v. Brown case sets the standard.

In short, physical cruelty means three things:

First, real violence happened
Second, your health is in danger
Finally, you can’t safely live together

Basically, that’s it. Indeed, those are the basics.

Nevertheless, here’s the key point. Actually, you need real violence. In other words, words alone don’t count. Likewise, yelling isn’t enough. Instead, physical harm or fear of it must exist.

Four Things to Prove

Subsequently, you must show four things to win:

First: Violence happened. Otherwise, you feared it would.

Second: Then you faced real danger. Certainly, your body or health was at risk.

Third: Consequently, home isn’t safe anymore. Thus, you can’t live there without fear.

Fourth: Lastly, you have proof. Similarly to proving adultery, you need evidence.

What Counts as Physical Cruelty?

One Bad Act Can Be Enough

Occasionally, one attack is enough. Nonetheless, it must be severe.

For example, these acts count:

Initially, a wife shot her husband once. Subsequently, the court said that’s cruelty.
Meanwhile, someone tried to cause serious harm.
Additionally, one act that makes you fear more violence.
Furthermore, signs the violence will happen again.

Repeated Abuse Is Stronger

Generally speaking, courts see patterns as more serious. Indeed, multiple attacks matter more.

In particular, courts look for:

First, hitting many times
Next, violence getting worse
Also, attacks during pregnancy
Finally, different types of abuse

As a result, the more abuse, the stronger your case becomes.

Violence Without Touch

Surprisingly, physical cruelty doesn’t always need contact. Actually, this may surprise you.

For instance, these count too:

Shooting a gun near you
Similarly, throwing things at you
Also, waving a weapon
Likewise, making you fear immediate harm

However, the fear must be real. Moreover, it must also be reasonable.

What Doesn’t Count?

Acts That Aren’t Enough

Unfortunately, not everything counts as cruelty. For this reason, know the limits.

Too Minor:

Initially, one push without injury
Then, grabbing an arm once
Next, blocking a doorway
Lastly, a single slap

Not Physical:

First, no sex
Second, mean words
Third, silent treatment
Fourth, empty threats
Finally, being unhappy

Both Fighting: Furthermore, if you both fight, it’s harder to prove. Additionally, size matters too. For example, a small person hitting a big person may not cause fear. In contrast to living together while divorcing, this complicates things.

What Defense Might Your Spouse Use?

Common Arguments Against You

Meanwhile, your spouse may fight back. Therefore, our guide on 7 Legal Defenses to Divorce explains more.

“You Made Me Do It”

First, they might say you provoked them. Nevertheless, their response must be fair.

To illustrate, think about it this way. Even if you yelled, they still can’t hit you. Obviously, that’s too much. Hence, the response must match the provocation.

“You Forgave Me”

Next, did you stay after the abuse? Perhaps you forgave them? In that case, that’s called condonation.

However, wait. Fortunately, there’s good news. Subsequently, if they hurt you again, the old abuse counts. Therefore, any new bad acts bring back your case.

How Abuse Changes Your Divorce

More Alimony

First and foremost, abuse is misconduct. Consequently, it increases alimony significantly.

Specifically, when your spouse was abusive:

Initially, you get more money
Then, permanent alimony becomes likely
Additionally, short marriages get long support
Most importantly, severity matters most

Ultimately, the worse the abuse, the more you get.

More Property

Moreover, judges can give you more assets. In particular, they look at several factors:

First, did abuse cause the divorce?
Second, were your finances hurt?
Third, did you have medical bills?
Finally, were you forced to move?

Therefore, learn about property division rules here.

Child Custody

Above all else, courts protect kids first. Without exception, always.

Consequently, abuse affects:

Who gets the kids
Whether visits need supervision
Additionally, safety plans
Finally, suspended visitation

Eventually, violent parents lose custody rights.

Timeline for Your Divorce

To start, you can file right away. Indeed, no waiting required. After that, it takes three months minimum.

In the meantime, during this time:

First, stay home if safe
Then, get temporary orders
Next, obtain protection orders
Finally, gather your evidence

Therefore, start today. Otherwise, don’t wait longer.

Protect Yourself Now

Safety First

First of all, call for help immediately. For example, the National Domestic Violence Hotline is free. Furthermore, their number is 1-800-799-7233.

Subsequently, do these things now:

First, get safe. Immediately call My Sister’s House in Charleston.
Second, take pictures. Then photo all injuries.
Third, see a doctor. Next, get medical records at MUSC.
Fourth, call police. Additionally, file a report.
Finally, find witnesses. Moreover, list who saw abuse.

Again, don’t wait. Rather, act now instead.

Get Your Evidence

Besides safety, you need proof. Thus, collect these items:

Medical records
Additionally, injury photos
Also, police reports
Furthermore, text messages
Moreover, broken items
Plus, your diary
Finally, financial records

Indeed, save everything. After all, it all helps.

Why You Need a Lawyer

In the first place, abuse cases are complex. Therefore, you need help. For this reason, contact a divorce lawyer soon.

Specifically, a lawyer will:

Initially, review your case
Then, keep you safe
Subsequently, handle the paperwork
Also, get you more money
Additionally, protect your kids
Finally, offer payment plans

In conclusion, don’t go alone. Instead, get help now.

Other Ways to Divorce

Different Grounds

Meanwhile, can’t prove cruelty? In that case, try these options:

First, adultery
Second, drug abuse
Third, alcohol abuse
Fourth, desertion
Finally, one year apart

Moreover, each has different rules.

No-Fault Option

Alternatively, live apart for one year. Afterwards, divorce without blame. Also, learn why separation beats desertion.

Indeed, it’s simpler. On the contrary, it takes longer.

Get Help Today

State Resources

Fortunately, help is available:

Furthermore, all offer free help.

Charleston Help

In addition, local support includes:

Indeed, they’re here for you.

Court Tips

Meanwhile, be ready. Therefore, learn about:

Ultimately, knowledge helps you win.

Life After Divorce

Stay Safe

Even after divorce, be careful nonetheless.

Subsequently, you can:

As a result, the law still protects you.

Money Matters

Furthermore, know your rights:

Therefore, get what’s yours.

Start Your New Life

Above all, you deserve safety. Thankfully, South Carolina law helps. Indeed, physical cruelty is grounds for divorce.

Moreover, the process is clear. First, get evidence immediately. Then, file papers next. Finally, protect yourself always.

Hence, don’t wait. Especially if you’re in Charleston, Berkeley, or Dorchester County, act now. Without doubt, the law is on your side.

Call Klok Law Firm LLC

To begin with, we understand. Certainly, leaving takes courage. Nevertheless, we’re here to help.

Consequently, our team will:

First, keep you safe
Then, fight for you
Finally, get you free

Therefore, call now. Indeed, your new life starts today.

Help Resources:

National Hotline – 1-800-799-7233
Additionally, Department of Justice
Also, CDC Prevention
Furthermore, End Domestic Violence
Finally, WomensLaw SC