Current Status Bill Number:72 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Hayes Drafted Document Number:PT\1442AC.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Divorce, one year separation
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960530 Recommitted to Committee 25 HJ House 19960528 Debate adjourned until Wednesday, 19960529 House 19960523 Debate adjourned until Tuesday, 19960528 House 19960522 Objection by Representative Simrill Meacham Easterday Vaughn Marchbanks Loftis Herdklotz Knotts Cromer House 19960521 Debate adjourned until Wednesday, 19960522 House 19960515 Committee report: Favorable with 25 HJ amendment House 19950426 Introduced, read first time, 25 HJ referred to Committee Senate 19950425 Read third time, sent to House Senate 19950419 Read second time Senate 19950418 Committee report: Favorable 11 SJ Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941003 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 15, 1996
S. 72
S. Printed 5/15/96--H.
Read the first time April 26, 1995.
To whom was referred a Bill (S. 72), to amend Section 20-3-10, Code of Laws of South Carolina, 1976, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:
"(5) On the application of either party if and when the husband and wife voluntarily 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 is not be a bar to either party obtaining a divorce on this ground.
(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
JOHN W. TUCKER, JR., for Committee.
TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:
"(5) On the application of either party if and when the husband and wife voluntarily or involuntarily 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 is not be a bar to either party obtaining a divorce on this ground."
SECTION 2. This act takes effect upon approval by the Governor.