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H. 4890
STATUS INFORMATION
General Bill
Sponsors: Reps. D.C. Smith, J.R. Smith, Anthony, Bales, Clyburn, McCraw and Phillips
Document Path: l:\council\bills\nbd\12202ac06.doc
Companion/Similar bill(s): 4891
Introduced in the House on March 23, 2006
Currently residing in the House Committee on Judiciary
Summary: Grounds for divorce
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/23/2006 House Introduced and read first time HJ-16 3/23/2006 House Referred to Committee on Judiciary HJ-16
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO INCLUDE MENTAL CRUELTY AS A GROUND FOR DIVORCE.
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;
(4) mental cruelty;
(5) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or
(56) 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 is not be a bar to either party obtaining a divorce on this ground."
SECTION 2. This act takes effect upon ratification of Section 3 of Article XVII of the South Carolina Constitution in which mental cruelty is added to Section 3 as a ground for divorce for this State.
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