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1175Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020402Primary Sponsor: JacksonAll Sponsors: Jackson, Glover and FordDrafted Document Number: l:\council\bills\nbd\11485ac02.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Divorce, physical cruelty as grounds for; action for divorce to be heard within one hundred twenty days after filingHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020402 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 20-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED DELAYS BEFORE A REFERENCE MAY BE MADE AND THE FINAL DECREE GRANTED IN A DIVORCE ACTION, SO AS TO MAKE THESE DELAYS INAPPLICABLE TO AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE AND TO FURTHER REQUIRE AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE TO BE HEARD WITHIN ONE HUNDRED TWENTY DAYS AFTER FILING; AND TO AMEND SECTION 20-3-90, RELATING TO THE REQUIREMENT TO ATTEMPT RECONCILIATION IN DIVORCE ACTIONS, SO AS TO MAKE THIS PROVISION INAPPLICABLE TO AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-3-80 of the 1976 Code is amended to read:
"Section 20-3-80. (A)(1)
No A reference shall must not be had made before two months after the filing of the complaint in the office of the clerk of court, nor shall and a final decree must not be granted before three months after such the filing.
Provided, However, that when the a plaintiff seeks a divorce on the grounds of desertion or separation for one year, the hearing may be held and the decree issued after the responsive pleadings have been filed or after the respondent has been adjudged to be in default, whichever occurs sooner.
(B) Subsection (A)(1) does not apply to an action for divorce in which physical cruelty is alleged as a grounds for divorce, and such an action must be heard within one hundred and twenty days after the filing of the complaint."
SECTION 2. Section 20-3-90 of the 1976 Code is amended to read:
"Section 20-3-90. (A) In all cases referred to a master or special referee,
such the master or special referee shall, except in default cases, summon the party or parties within the jurisdiction of the court before him and shall in all cases make an earnest effort to bring about a reconciliation between the parties if they appear before him. No A judgment of divorce shall must not be granted in such a case that has been referred unless the master or special referee to whom such the cause may have been was referred shall certify certifies in his report, or , if the cause has not been referred, unless the trial judge shall state states in the decree, that he has attempted to reconcile the parties to such the action and that such these efforts were unavailing.
(B) Subsection (A) does not apply in an action for divorce in which physical cruelty is alleged as a grounds for divorce."
SECTION 3. This act takes effect upon approval by the Governor.
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