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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My wife and haven't had sex going on 3 months now and i have

Customer Question

My wife and haven't had sex going on 3 months now and i have made attempt after attempt to have sex with her but she hasnt done anything is that grounds for divorce in sc
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please.

Expert:  LegalGems replied 1 year ago.

The statute lists 4 grounds for divorce for a for fault divorce: - these are the first 4 subsections of the below statute:

SECTION 20-3-10. Grounds for divorce.

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) 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.

As you can see, lack of intimacy is not a factor; however, SC also has a no fault divorce. - that is subsec 5 above, and requires one year physical separation; this is how the majority of cases are filed.

statute available here: http://www.scstatehouse.gov/code/t20c003.php

More information here from the state bar: http://www.scbar.org/public/files/docs/divorce.pdf

Expert:  LegalGems replied 1 year ago.

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