Is child abuse a “fault ground” for divorce?

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Is child abuse a “fault ground” for divorce?

My husband abused my daughter – is this grounds for a 3 month divorce or do I have to do the 1 year separation divorce?

Asked on February 10, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that what you mean is can this be the basis of the fault ground "physical cruelty" in South Carolina.  As the divorce is between you and your spouse, the physical cruelty has to be directed at you, not your children, to be the basis for divorce.  It will play a part, however, when the issues in the divorce turn to custody and visitation.  And you should consider speaking with someone very soon about this matter and what you need to do with regard to your daughter and the situation.  Also speak with your attorney about whether or not the situation fits in to the other fault grounds permitted in South Carolina.  Good luck to you.


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