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TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT PHYSICAL CRUELTY INCLUDES, BUT IS NOT LIMITED TO, ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, ASSAULT AND BATTERY WITH INTENT TO KILL, ASSAULT WITH INTENT TO KILL, CONSPIRACY OR SOLICITATION TO COMMIT MURDER, OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
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; provided, prima facie evidence of physical cruelty includes, but is not limited to, a conviction for, plea of guilty or nolo contendere to assault and battery of a high and aggravated nature, assault and battery with the intent to kill, assault with the intent to kill, conspiracy or solicitation to commit murder, or criminal domestic violence of a high and aggravated nature, committed by one spouse against the other;
(4) Habitual drunkenness; provided, that this ground shall 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. 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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