H 4760 General Bill, By McLeod, Jefferson, Williams, Knight, Hosey, Anderson, 
Bannister, Bowers and Spires

Similar(H 4762)
 A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE
 GRANTED ON THE GROUND OF CONTINUOUS SEPARATION FOR ONE HUNDRED FIFTY DAYS,
 RATHER THAN FOR ONE YEAR.

   02/09/12  House  Introduced and read first time (House Journal-page 15)
   02/09/12  House  Referred to Committee on Judiciary
                     (House Journal-page 15)

TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE GRANTED ON THE GROUND OF CONTINUOUS SEPARATION FOR ONE HUNDRED FIFTY DAYS, RATHER THAN FOR ONE YEAR.

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 may 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 must be construed to include habitual drunkenness caused by the use of any narcotic drug; or

(5)    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 hundred fifty days. A plea of res judicata or of recrimination with respect to any other provision of this section shall is not be a bar to either party obtaining a divorce on this ground."

SECTION    2.    This act takes effect upon approval by the Governor.