H 3134 Session 122 (2017-2018) H 3134 General Bill, By G.M. Smith, Clyburn, Hixon and Taylor A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ADD AS A GROUND CONDUCT OR TREATMENT THAT DESTROYS THE WELL-BEING, HAPPINESS, AND WELFARE OF A SPOUSE AND RENDERS CONTINUED COHABITATION UNSAFE OR UNENDURABLE. 12/15/16 House Prefiled 12/15/16 House Referred to Committee on Judiciary 01/10/17 House Introduced and read first time (House Journal-page 88) 01/10/17 House Referred to Committee on Judiciary (House Journal-page 88) 01/18/17 House Member(s) request name added as sponsor: Hixon 01/19/17 House Member(s) request name added as sponsor: Taylor
TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ADD AS A GROUND CONDUCT OR TREATMENT THAT DESTROYS THE WELL-BEING, HAPPINESS, AND WELFARE OF A SPOUSE AND RENDERS CONTINUED COHABITATION UNSAFE OR UNENDURABLE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 20-3-10 of the 1976 Code is amended to read: "Section 20-3-10. No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit: (2) desertion for a period of one year; (3) physical cruelty;
(4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; (5) conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness, and welfare of the other and renders continued cohabitation unsafe or unendurable; or (6) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground." SECTION 2. This act takes effect upon approval by the Governor.
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