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Bill 1175

                    Current Status

Bill Number:                      1175
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020402
Primary Sponsor:                  Jackson
All Sponsors:                     Jackson, Glover and Ford
Drafted Document Number:          l:\council\bills\nbd\11485ac02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Divorce, physical cruelty as grounds for; 
                                  action for divorce to be heard within one 
                                  hundred twenty days after filing


                        History

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.

(2) 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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