South Carolina Legislature


 

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H 3112
Session 121 (2015-2016)


H 3112 General Bill, By W.J. McLeod, Cobb-Hunter, M.S. McLeod, Bannister, Hixon, 
Spires, Gagnon, J.E. Smith, Herbkersman, Knight, Murphy, Brannon, McCoy, Horne, 
Norrell, Rutherford, JeffersonNext, Weeks, D.C. Moss, Bernstein, Whipper and Hicks
 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 EIGHTY DAYS,
 RATHER THAN FOR ONE YEAR.

   12/11/14  House  Prefiled
   12/11/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 100)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 100)
   03/17/15  House  Member(s) request name added as sponsor:
                     Bannister, Hixon, Spires, Gagnon, J.E.Smith,
                     Herbkersman, Knight, Murphy, Brannon, McCoy,
                     Horne, Norrell, Rutherford, PreviousJefferson, Weeks,
                     D.C.Moss, Bernstein, Whipper, Hicks



H. 3112

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 EIGHTY 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 eighty 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.

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