SC Divorce: Why 1-Year Separation Beats Desertion

Divorce in South Carolina has changed. In fact, it has transformed completely.

Before 1969, half of all divorces used desertion as the reason. However, today less than one percent do. Consequently, almost no one uses it anymore.

Why did this happen? Simply put, the answer is straightforward. South Carolina added a new, easier option. As a result, couples can now divorce after living apart for one year. Moreover, no blame is needed.

Charleston lawyers now tell clients the same thing. First, use the one-year separation ground. Then skip desertion entirely. Ultimately, it’s faster, cheaper, and simpler.

The Big Change in South Carolina Divorce

Let’s look at the numbers first. Indeed, they tell the whole story.

In 1969, South Carolina added no-fault divorce. Essentially, this means divorce without proving someone did something wrong. Furthermore, the South Carolina court system tracked what happened next.

Desertion cases dropped fast. In fact, they plummeted within 20 years. Today, lawyers rarely even mention it.

This shift matters for anyone getting divorced. Therefore, you need to know the modern way. Additionally, understanding divorce grounds in South Carolina helps you make smart choices.

Both Options Still Exist by Law

Yes, both grounds remain legal. Specifically, S.C. Code Ann. § 20-3-10 lists them both. Nevertheless, that doesn’t mean both are good choices.

Think of it like this. While you can still buy a typewriter, why would you? After all, computers exist.

The South Carolina Bar agrees. Indeed, modern practice has moved on. However, you should still know about defenses to divorce just in case.

Why Separation Won and Desertion Lost

Separation is Simple

Here’s what you need for separation:

Live in different homes
Stay apart for one year
Don’t spend the night together
File your papers

That’s it. Just four simple steps. Moreover, anyone can understand them.

Desertion is Hard

Conversely, here’s what desertion requires:

Prove your spouse left
Show they meant to stay gone
Demonstrate you didn’t agree to it
Establish they had no good reason
Present all this with evidence
Finally, convince a judge

See the difference? While one is simple, the other is not.

Furthermore, this matters when you want to divorce cheaply. Generally, simple cases cost less. Meanwhile, hard cases cost more.

No Blame Means Less Pain

Separation divorce skips the blame game. Specifically, the court doesn’t care who left. Additionally, they don’t ask why. Instead, they only check if you lived apart.

This helps in many ways:

You save money – Less time in court means lower costs
You save time – Fewer papers to file speeds things up
You save stress – No finger-pointing reduces conflict
You keep privacy – Personal problems stay private

Desertion is different. First, you must prove abandonment. Subsequently, this starts fights. Unlike proving adultery, separation just needs dates and addresses.

Four Big Wins with Separation

1. It Always Works

Live apart for a year? Then you get divorced. No exceptions. Furthermore, no surprises await.

The South Carolina Supreme Court made this clear. Once you prove separation, you get divorce. Indeed, it’s that simple.

Desertion can fail, however. In many ways, actually. Missing one piece of proof? Your case ends. Consequently, you stay married.

2. Both Can Agree

This is huge. Often, many couples agree to split up. Unfortunately, with desertion, that agreement kills your case. Therefore, you can’t get divorced.

With separation though? Agreement doesn’t matter. Regardless, you still get divorced. Indeed, this fact alone explains why separation wins.

3. No Surprise Role Changes

Desertion cases can flip. Moreover, they flip fast. Initially, you start as the victim. However, then something changes:

You agree to the split later
Alternatively, you refuse to reconcile
Perhaps your spouse had good reasons

Suddenly, you’re the bad guy. Fortunately, not with separation. Here, the roles never change.

4. Simple Rules for Getting Back Together

With separation, the rule is clear. If you move back in, you start over. Then wait another year.

Meanwhile, desertion has complex rules. While some contact is OK, some isn’t. Subsequently, lawyers argue about it. Furthermore, judges disagree. Obviously, who needs that headache?

When Fault Still Matters (Sometimes)

Even today, fault can affect some things. However, it doesn’t affect the divorce itself.

Money and Support

Desertion doesn’t stop alimony completely. Nevertheless, it matters. Specifically, courts look at fault when setting permanent alimony.

Want to know about changing alimony later? Indeed, fault affects that too. However, the same facts work in no-fault cases.

Feelings Matter Too

Some people need the court to say it. Specifically, “Yes, you were abandoned.” Subsequently, it helps them heal.

Others use desertion threats to negotiate. Often, this happens during hard times. For instance, during the holidays.

Military Families

Military divorces have special rules. Additionally, sometimes desertion concepts apply. Therefore, learn about military divorce basics. Moreover, the 20/20/20 rule matters too.

Money Rules Apply to Everyone

Pick any divorce ground. Regardless, you still must share financial info. Consequently, everyone files Rule 20 declarations.

You also face discovery. Essentially, this means answering questions. Additionally, it means sharing documents. Unfortunately, no shortcuts exist.

Why No One Uses Desertion in Charleston

The Math Doesn’t Work

Look at the costs:

More lawyer time equals higher bills
Additionally, more court time means longer wait
Yet the same one-year period applies either way
Moreover, you get the same result at the end
Plus, the same property split occurs

Ultimately, why pay more for the same thing?

Judges Want Simple Cases

Family court judges are busy. In fact, they’re extremely busy. Currently, they handle new Rule 21 hearings daily.

Simple cases help everyone. First, judges finish faster. Second, you get results sooner. Finally, the court system runs better.

Too Much Can Go Wrong

Desertion has many ways to fail. For example, forget one fact? You lose. Missing one witness? Again, you lose. Furthermore, if the judge doesn’t believe you? Still, you lose.

Separation is different. Simply show you lived apart. Then you win. Truly, it’s that simple.

Property and Kids Stay the Same

Your divorce ground doesn’t change these issues:

Separate property rules
Additionally, special equity claims
Furthermore, injury settlements division
Also, online accounts treatment
Finally, retirement money protection

These work the same way. Indeed, no matter which ground you pick.

Your Action Plan

If You’re Leaving

Do these things:

First, get your own place today
Next, write down the move date
Then stay away for one year
Meanwhile, avoid all sleepovers
Finally, file after twelve months

Don’t worry about proving why. Moreover, Legal Aid can help with forms.

If They Left You

You feel hurt. Certainly, that’s normal. However, desertion won’t help your case.

Instead, use those same facts differently. First, talk about them for alimony. Additionally, mention them for child support. Nevertheless, use separation for the divorce itself.

If You Both Agree

Great! Therefore, use separation. Actually, you have to anyway. Since agreement kills desertion claims, separation still works fine.

Many couples do this. Moreover, it’s normal. Additionally, it’s smart.

Why Keep a Dead Law?

Good question. In fact, law professors ask the same thing. Furthermore, USC Law School calls desertion useless today.

But laws change slowly. Indeed, very slowly. Therefore, desertion stays on the books. Nevertheless, no one uses it.

Think of it as a museum piece. While interesting historically, it’s not practical today.

Rare Times Desertion Ideas Pop Up

The concept sometimes appears in:

Criminal support cases
Additionally, bigamy questions
Furthermore, common-law marriage issues
Also, military prison situations
Finally, old case reviews

However, these are rare. Indeed, most people never see them.

The Numbers Prove It

South Carolina tracks divorces:

1960s: Half used desertion
1975: Down to 15%
1985: Only 3%
Today: Less than 0.5%

The trend is clear. Moreover, it’s permanent.

America Agrees

The whole country moved this way. Specifically, the Uniform Law Commission pushes for simple divorce. Subsequently, South Carolina joined in 1969.

The American Bar Association agrees too. Indeed, simple divorce helps families. Conversely, complex divorce hurts them.

Get Help

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The Simple Truth

Pick separation. Subsequently, skip desertion. As a result, save money. Additionally, save time. Furthermore, save stress.

Less than one percent use desertion now. Therefore, follow the trend. Ultimately, use what works.

You lose nothing. Moreover, fault still counts for alimony. Additionally, property splits stay the same. However, only the process gets easier.

Moving Forward

Divorce is hard enough. So why make it harder?

Modern law helps you move on. Specifically, it’s fast. Additionally, it’s clean. Moreover, it’s simple. Indeed, that’s what separation offers.

Kids suffer less. Furthermore, parents fight less. Additionally, courts work better. Ultimately, everyone wins.

So make the smart choice. First, pick one-year separation. Then start your new life sooner.

Get Started Today

Ready to file? Great. Therefore, here’s what to do:

Find a lawyer – Or alternatively, use self-help
Gather documents – Bank statements, deeds, bills
Plan your separation – Where to live, when to move
Track everything – Dates, addresses, contact
Wait one year – No shortcuts allowed
File your case – Court makes it final

Need court forms? Then visit SC Courts. Moreover, they’re free. Additionally, they’re helpful.

Questions? Therefore, ask a lawyer. Furthermore, most offer free consults. Indeed, take advantage.

One Final Thought

Laws change for good reasons. While desertion made sense once, it doesn’t anymore.

Today we have better ways. Moreover, we have simpler ways. Additionally, we have kinder ways.

Use them. Subsequently, your future self will thank you.