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South Carolina Separation Time for Divorce Amendment (2016)
| Separation Time for Divorce Amendment | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Divorce and custody | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The South Carolina Separation Time for Divorce Amendment was not put on the November 8, 2016 ballot in South Carolina as a legislatively referred constitutional amendment. The measure would have permitted couples to divorce after 180 days of separation.[1]
As of 2015, the state constitution required a separation period of one year before a no-fault divorce can be permitted.
The amendment was introduced into the South Carolina State Legislature as House Bill 3111.[2]
Text of measure
Ballot title
The proposed ballot question read as follows:[1]
| “ | Must Section 3, Article XVII of the Constitution of this State be amended so as to provide that a divorce may be granted on the ground of continuous separation for a period of at least one hundred eighty days, rather than on the ground of continuous separation for a period of at least one year?
Yes [] No [] Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.[3] |
” |
Background
South Carolina was the last state to legalize marriage divorce, but only on the grounds of desertion, adultery, physical abuse, or habitual drunkenness. In 1969, the law allowed for no-fault divorces, with a required separation period of three years. A decade later the separation period was shortened to one year.[4]
Support
Supporters
- Rep. Walton McLeod (D-40)[2]
- Rep. Mia McLeod (D-79)
- Rep. Gilda Cobb-Hunter (D-66)
- Rep. Cezar McKnight (D-101)
- Rep. Bruce Bannister (R-24)
- Rep. Bill Hixon (R-83)
- Rep. Lawrence Kit Spires (R-96)
- Rep. Craig Gagnon (R-11)
- Rep. James Smith (D-72)
- Rep. Bill Herbkersman (R-118)
- Rep. Patsy Knight (D-97)
- Rep. Christopher Murphy (R-98)
- Rep. Doug Brannon (R-38)
- Rep. Peter McCoty (R-115)
- Rep. Jenny Horne (R-94)
Arguments
House Majority Leader Bruce Bannister (R-24), who is also a family court attorney, argued that forcing couples to remain married only leads to more aggravation and further harms children. He said, "We should be looking at ways to make marriages better, not hold you into one you don't want to be in. It's too late for the General Assembly to say, 'Well, we're just going to make you and sentence you to a year and maybe you'll reconcile."[4]
Opposition
Opponents
- Rep. Ralph Kennedy (R-39)[4]
Arguments
- Rep. Ralph Kennedy (R-39) argued, "Isn't this an example of a slippery slope we're going down? Five years from now, is it going to be 3 months? In 15 years are we going to have drive-through divorces because they get in a fight that night?"[4]
Path to the ballot
- See also: Amending the South Carolina Constitution
The proposed amendment had to be approved by a two-thirds vote in both chambers of the South Carolina Legislature to be placed on the ballot.
See also
External links
Footnotes
- ↑ 1.0 1.1 South Carolina Legislature, "House Bill 3111," accessed March 19, 2015
- ↑ 2.0 2.1 South Carolina Legislature, "H. 3111 Status," accessed March 19, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 4.3 The State, "Measure would shorten separation for SC divorce," February 25, 2014
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State of South Carolina Columbia (capital) |
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