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If my husband shows signs of physical abuse, can I dissolve a marriage on that grounds?
My sister Joelle's husband says I am mean and throws objects when he loses control. Can she seek to dissolve her marriage on grounds of domestic violence?
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Answers (1)
First, to file a divorce in South Carolina,
1) the plaintiff must be a resident of the state
2) the defendant-spouse must be a resident of the state
3) both spouses must be currently living in the state
On of the five fault grounds for dissolving a marriage in South Carolina is physical cruelty.
To obtain a physical abuse divorce, a plaintiff must prove physical cruelty by the other spouse by a preponderance of the evidence. The complaining party is required to corroborate the material allegations, but this requirement may be eased depending on the circumstances of the case. As a general rule, however, the cout will require the showing of some type of physical violence defined as "actual personal violence, or such a course of physical treatment as endangers life, limb, or health, and renders cohabitation unsafe. In some cases, a single act of violence is sufficient to obtain a physical abuse divorce.
References:
Posted by Yara Zakharia on 24 Mar 2010
1 person found this useful
(2 Votes)