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TO AMEND SECTION 20-3-10 OF THE 1976 CODE, RELATING TO GROUNDS FOR DIVORCE, TO PROVIDE THAT PHYSICAL CRUELTY INCLUDES CERTAIN CRIMES THAT INTEND PHYSICAL INJURY.
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.
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