South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

H. 4349

STATUS INFORMATION

General Bill
Sponsors: Reps. Mace and Bannister
Document Path: l:\council\bills\nl\13837vr19.docx

Introduced in the House on March 28, 2019
Currently residing in the House Committee on Judiciary

Summary: Divorce; allow for divorce after living separate and apart for 6 months

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/28/2019  House   Introduced and read first time (House Journal-page 47)
   3/28/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 47)
   4/10/2019  House   Member(s) request name added as sponsor: Bannister

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/28/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ALLOW DIVORCE AFTER LIVING SEPARATE AND APART FOR SIX MONTHS.

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) 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 six months. 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 ratification of an amendment to Section 3, Article XVII of the Constitution of this State authorizing the General Assembly to establish by law time limitations to obtain a divorce after living separate and apart.

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This web page was last updated on April 10, 2019 at 12:27 PM