South Carolina Legislature


 

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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



VERSIONS OF THIS BILL

12/15/2016



H. 3134

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.

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:

(1)    adultery;

(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; or

(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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