Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 568

STATUS INFORMATION

General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\nbd\11351ac07.doc

Introduced in the Senate on March 13, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Grounds for divorce

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/13/2007  Senate  Introduced and read first time SJ-9
   3/13/2007  Senate  Referred to Committee on Judiciary SJ-9
   3/19/2007  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/13/2007

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:

(1)    Adultery;

(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.

This web page was last updated on Monday, October 10, 2011 at 1:28 P.M.