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Divorce
Can my spouse file for divorce citing irreconcilable differences and an absence of affection?

Can my spouse file for divorce citing irreconcilable differences and an absence of affection?

Full question:

I have been married about a year and a half. My spouse has failed to support me in regards to my step children. My spouse has stopped sharing a bed with me and does not speak to me any longer. I suggested family and marital counseling but my spouse isn't interested. We have sought religious counseling through our Pastor in which my spouse's behavior either not changed or worsened (my spouse stops speaking to me for weeks at a time). In fact my spouse has threatened to divorce me citing irreconcilable differences and an absence of affection. Can my spouse do this even when I don't want a divorce?

Category: Divorce
Date: 04/07/2025
State: South Carolina

Answer:

There are two types of divorce-- fault and no-fault. A fault divorce, is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some jurisdictions authorize no-fault divorces, based on incompatibility, such as irreconcilable differences. The consequences of no-fault divorces vary from state to state. No-fault divorce eliminates this potentially embarrassing and adversarial requirement of stating others grounds by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce.

South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. Additional grounds include; adultery, desertion, physical cruelty and addiction to drugs or alcohol. It is not necessary for both spouses to consent to filing a divorce petition. A divorce petition may be filed by only one spouse, and if the other spouse doesn't file an answer to the divorce complaint, it is still possible to be granted a default divorce decree.

The following is a SC statute:

§ 20-3-10. Grounds for divorce.

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. 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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to save your marriage when it seems impossible?

Saving a marriage that feels impossible can be challenging, but it's not always hopeless. Start by openly communicating with your spouse about your feelings and concerns. Consider seeking professional help, like couples counseling, to facilitate discussions. Focus on rebuilding trust and intimacy by spending quality time together. It's also essential to address any underlying issues, like financial stress or parenting challenges, that may be affecting your relationship. Remember, both partners need to be willing to work on the marriage for it to improve.

Why do marriages fail after having a baby?

Marriages often face stress after having a baby due to various factors. New parents may experience sleep deprivation, changes in priorities, and increased responsibilities, which can strain their relationship. Additionally, couples may struggle with differing parenting styles or feel disconnected due to the focus on the child. Communication is crucial during this time, as couples need to support each other and maintain their bond while navigating the challenges of parenthood.

What is the No. 1 rule for saving your marriage?

The No. 1 rule for saving your marriage is effective communication. Open and honest dialogue allows both partners to express their feelings, needs, and concerns. It helps prevent misunderstandings and fosters a deeper emotional connection. Listening actively and showing empathy are also vital components of good communication. When both partners feel heard and valued, it creates a stronger foundation for resolving conflicts and rebuilding the relationship.

How to save a marriage that seems hopeless?

To save a marriage that feels hopeless, start by acknowledging the issues without blame. Seek professional help, such as marriage counseling, to gain perspective and tools for improvement. Focus on small, positive changes in your interactions and make time for each other. Revisit the reasons you fell in love and try to reignite that connection. It's important to approach the situation with patience and a willingness to work together, as change takes time and effort from both partners.

What are the three A's that ruin marriages?

The three A's that commonly ruin marriages are infidelity (adultery), addiction (to substances or behaviors), and abuse (emotional or physical). Infidelity breaks trust and can lead to feelings of betrayal. Addiction can create significant strain on a relationship, impacting finances and emotional well-being. Abuse, in any form, undermines the foundation of a marriage and can have lasting effects on both partners. Addressing these issues early on is crucial to prevent further damage.

When to give up on your marriage?

Deciding when to give up on a marriage is deeply personal and can vary for each couple. However, if there is ongoing emotional or physical abuse, lack of communication, or a complete breakdown of trust, it may be time to reconsider the relationship. If one partner is unwilling to work on the marriage despite repeated efforts, it might also signal that the relationship is no longer viable. Seeking professional advice can help clarify your feelings and options.