South Carolina is one of the few States that still has fault-based divorce grounds. And when I try to discuss this with my clients, the way I define it is “It’s basically your fault that my marriage broke down.” Those fault grounds are adultery, physical cruelty and habitual use of drugs or alcohol. A fault-based pleading is certainly going to arouse much more emotion and a much more defensive posture from the other side. Sometimes you can avoid doing it and other times you can’t.
That’s another reason it’s so important to have a qualified professional family law attorney, because not every behavior rises to the definition of a fault ground. And so you need to analyze very carefully whether it’s worth firing that cannon. If you can’t prove it, you’ve created bad feelings for no reason.
Catherine Hendrix is a partner at the Law Offices of Lester & Hendrix where they are committed to solving divorce and separation issues. Families throughout South Carolina can rely on their team of Attorneys for advice and counsel.