Proposed Law Seeks Reduction of No Fault Divorce Waiting Period

Did you know that until 1949 South Carolina did not recognize a person’s right to obtain a divorce?   In 1949 divorce was legalized but only on fault based grounds of adultery, desertion, physical cruelty, and habitual drunkenness.  No fault divorces were first allowed in 1969.   However, a person had to demonstrate to a court that the parties lived separate and apart for three years!   Finally, in 1979 this time period was reduced to one year.

Recently Rep. Walt McLeod introduced a bill in the South Carolina State Congress that would reduce this waiting period to 150 days.  Rep. McLeod cites other nearby states such as Florid, Georgia and Tennessee that have instituted divorce grounds with shorter waiting periods or none at all.

“Tennessee has a rule called ‘irreconcilable differences.’ Georgia has ‘irretrievably broken.’ Florida has a 90-day timeframe for no-fault divorce. So when we’re talking about a no-fault divorce, where there’s no dispute, then it’s time to just take some action.”

McLeod went on to point out that Georgia has no waiting period.

Opponents of the bill say that divorce should not be made easier to obtain.  Rev. Eddie Coakley, pastor at Trinity Baptist Church in Cayce, stated, “To me, that sends a message that, as a society, we’re not taking marriage as seriously. It should be harder to escape our responsibilities, not easier.”

However, the one year waiting period is included in the Constitution of the State of South Carolina.  Therefore reducing the waiting period would require an amendment to the constitution.  This requires a two-thirds approval of the State House and Senate followed by approval of South Carolina voters.

How would you vote?

To see the story for yourself check out the following links:

1)  http://www.wspa.com/story/22003445/bill-would-shorten-waiting-time-for-divorces-in-south-carolina

2) http://www.wbtw.com/story/22007813/bill-would-shorten-wait-time-for-a-divorce-in-south-carolina