In South Carolina, a dissolution of marriage can occur without the necessity of proving one party is responsible for the marital breakdown. This approach simplifies the process, focusing on the irretrievable breakdown of the marital relationship rather than assigning blame. An example of this is when a couple mutually agrees that the marriage is beyond repair and meets the state’s residency and separation requirements.
This method offers several advantages, including reducing the animosity and legal costs often associated with traditional, fault-based proceedings. It can lead to a more amicable resolution of issues such as property division, child custody, and support. Historically, divorce required establishing grounds such as adultery or abuse; the introduction of the current system represents a significant shift towards a more streamlined and less adversarial process.
