Desertion as a Ground for Divorce in South Carolina

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Desertion for one year is one of the five grounds for divorce in South Carolina. In general, it applies when one spouse leaves the other on purpose, without justification and without the other spouse’s consent, intending not to come back, and stays away for a full year. Because the one-year no-fault separation ground covers most of the same situations with less to prove, desertion is less common today, but it still matters in some cases.

What the Statute Says

S.C. Code § 20-3-10 lists the only grounds for divorce in South Carolina: adultery, desertion for a period of one year, physical cruelty, habitual drunkenness (including narcotic drug use), and living separate and apart without cohabitation for one year. Desertion is a fault ground, so the spouse filing must prove it.

The statute does not define desertion. Its elements come from court decisions. Broadly, courts have looked at whether:

• the other spouse ended the marital living arrangement by leaving;
• the leaving was willful, meaning deliberate;
• the spouse intended not to return;
• there was no legal justification for leaving; and
• the spouse who was left did not agree to the departure.

All of this must have continued for at least one year.

Each Element in Plain Terms

Willful departure with intent not to return

A spouse who leaves for a job, military deployment, medical care or to care for a sick relative, while intending to come back, is generally not deserting. The question is whether the spouse meant to end the marriage relationship. Evidence of intent may include statements such as “I’m not coming back,” moving belongings out, starting a new household elsewhere, or cutting off contact.

Without justification

Leaving may be justified when the other spouse’s own misconduct made living together unbearable or unsafe. For example, a spouse who leaves to escape physical violence is not deserting; the law generally does not require anyone to stay in a dangerous home. If that describes your situation, see our guide on divorce when there is domestic violence.

Without consent

If both spouses agreed to separate, the departure is usually not desertion. Mutual separations are better suited to the no-fault ground, discussed below.

For one full year

The desertion must have lasted at least one year. Brief returns or attempts at reconciliation during that time may raise questions about whether the year was continuous. Your attorney can help you assess any gaps.

No 3-Month Waiting Period

South Carolina generally requires at least 3 months between filing and a final decree. However, S.C. Code § 20-3-80 contains an exception for desertion and one-year separation cases. In those cases, the hearing may be held and the decree issued once the defendant has filed responsive pleadings or has been found in default, whichever happens first.

That does not mean the case is necessarily quick. If property, alimony or custody are contested, those issues still have to be resolved. Our article on the divorce waiting period in South Carolina compares timelines by ground.

Desertion vs. One-Year Separation

Both grounds involve a year apart, so people often confuse them. The differences are important.

Because the one-year separation ground does not require proving why the marriage ended or who was at fault, it is often simpler. Our guide to the one-year separation rule explains how that ground works.

Why Desertion Is Used Less Often Today

Before the no-fault ground was added, desertion was one of the main ways a spouse who had been abandoned could get a divorce. Now that either spouse can file after a year of living apart, many attorneys rely on the separation ground instead, because it involves fewer contested facts.

Desertion may still be worth considering in some situations. For example:

• A spouse wants the record to reflect that the other spouse abandoned the marriage, which may be relevant to the fault factors for alimony and property division.
• The facts clearly show desertion, and pleading it alongside separation offers a second route.
• The spouse who left disputes the separation date, but the evidence of abandonment is strong.

Marital misconduct or fault is one of the factors courts weigh in setting alimony under S.C. Code § 20-3-130(C) and in dividing property under § 20-3-620(B), when it affected the parties’ finances or contributed to the breakup. Desertion may be considered under those factors. You can read more on our page about fault vs. no-fault divorce in South Carolina.

What If You Do Not Know Where Your Spouse Went?

Desertion often comes up when a spouse has disappeared. You can still file for divorce, but you must make a diligent effort to find and serve your spouse. If they truly cannot be found, the court may allow service by publication. Our guide on how to divorce a spouse you cannot find explains the steps.

Residency and venue rules also apply. To file in South Carolina, the plaintiff generally must have lived in the state for at least one year before filing, or three months if both spouses live in South Carolina when the case is filed. A plaintiff who lives outside South Carolina may still file here if the defendant has lived in the state for at least one year. If the defendant is a nonresident or cannot be found, the case may be filed in the county where the plaintiff lives.

Evidence That Can Help Prove Desertion

• Messages, letters or voicemails in which your spouse said they were leaving for good
• Proof of when they moved out, such as a new lease, change-of-address records or moving receipts
• Evidence that they set up a separate life, such as a new job or residence in another place
• Records showing you did not agree to the separation, such as messages asking them to come back
• A witness, other than the spouses, who knows when your spouse left and that they have not returned

South Carolina family court judges generally expect grounds and the date of separation to be corroborated by someone other than the spouses or by other evidence.

Practical Steps if Your Spouse Has Left

1. Write down the date your spouse left and what was said.
2. Save messages about the departure and any requests for them to return.
3. Protect your finances. Review joint accounts and credit, and keep copies of statements.
4. Think about support now. You may not need to wait a year to ask the court for temporary support or custody; separate maintenance or other relief may be available. Ask an attorney.
5. Talk with a family law attorney about whether desertion, separation or both make sense for your case.

For the full process, from filing to final decree, see the South Carolina Divorce Guide.

Frequently Asked Questions

How long must a spouse be gone for desertion in South Carolina?

At least one year. The leaving must also generally be willful, without justification, without the other spouse’s consent and with intent not to return.

Is there a waiting period for a desertion divorce?

The 3-month waiting period does not apply. The hearing can be held once the defendant answers or is found in default, whichever happens first.

Is leaving the house to escape abuse considered desertion?

Generally no. Leaving because of the other spouse’s violence or serious misconduct may be justified, and the law does not require you to stay in an unsafe home.

Should I file on desertion or one-year separation?

Separation is usually simpler to prove because the reason for the split does not matter. Desertion may still be useful in some cases. An attorney can help you choose.

Can I divorce a spouse who left and cannot be found?

Yes. After a diligent search, the court may allow service by publication. See our guide on divorcing a spouse you cannot find.

Sources

• S.C. Code Title 20, Chapter 3 (§§ 20-3-10, 20-3-30, 20-3-60, 20-3-80, 20-3-130, 20-3-620)
• South Carolina Judicial Branch: Family Court