South Carolina General Assembly
111th Session, 1995-1996

Bill 72

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Bill Number:                       72
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   McConnell 
All Sponsors:                      McConnell, Hayes 
Drafted Document Number:           PT\1442AC.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Divorce, one year
                                   separation
History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960530  Recommitted to Committee                 25 HJ
House   19960528  Debate adjourned until
                  Wednesday, 19960529
House   19960523  Debate adjourned until
                  Tuesday, 19960528
House   19960522  Objection by Representative                      Simrill
                                                                   Meacham
                                                                   Easterday
                                                                   Vaughn
                                                                   Marchbanks
                                                                   Loftis
                                                                   Herdklotz
                                                                   Knotts
                                                                   Cromer
House   19960521  Debate adjourned until
                  Wednesday, 19960522
House   19960515  Committee report: Favorable with         25 HJ
                  amendment
House   19950426  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19950425  Read third time, sent to House
Senate  19950419  Read second time
Senate  19950418  Committee report: Favorable              11 SJ
Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19941003  Prefiled, referred to Committee          11 SJ
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Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 15, 1996

S. 72

Introduced by SENATORS McConnell and Hayes

S. Printed 5/15/96--H.

Read the first time April 26, 1995.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 72), to amend Section 20-3-10, Code of Laws of South Carolina, 1976, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:

"(5) On the application of either party if and when the husband and wife voluntarily 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 is not be a bar to either party obtaining a divorce on this ground.

(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."

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

Amend title to conform.

JOHN W. TUCKER, JR., for Committee.

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 HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:

"(5) On the application of either party if and when the husband and wife voluntarily or involuntarily 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 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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