Adultery in South Carolina: Does Cheating Affect Alimony?
May 16, · Before filing for divorce on the basis of adultery, it is critical to understand the effects of this type of filing on your divorce process and potential outcomes. First of all, if you successfully show that your spouse committed adultery and there were no valid defenses, as explored below, your spouse is generally not able to collect alimony. Sep 24, · Adultery is one of the legal grounds for a "fault-based" divorce in South Carolina. (S.C. Code Ann. § ) In a fault divorce, one spouse must allege and prove that the other spouse is guilty of marital misconduct, such as an affair.
If you want to divorce your spouse in South Carolina on the grounds that he or she was unfaithful, you can do so. While some states have done away with this, South Carolina still offers several fault-based grounds for ending a marriage.
When basing the divorce on your spouse's infidelity, there are implications to consider, explained more fully below. Following these steps may help you prove your case for ending your marriage based on adultery which, in turn, may help speed up your court proceedings.
Before filing for divorce on the basis of adultery, it is critical to understand the effects of this type of filing on your divorce process and potential outcomes. First of all, if you successfully show that your spouse committed adultery and there were no valid defenses, as explored below, your spouse is generally not able to collect alimony in your divorce. The judge also usually considers your spouse's unfaithfulness when deciding on how to divide your assets and debts.
While adultery often impacts the cheating spouse's financial situation after the divorce, it does not come into play in decisions about child support. That's because child support is flr for the child's needs, not the custodial parent's needs. Divorcce does sometimes impact custody decisions, though.
For example, if your spouse's adulterous actions negatively impacted your children in some way, the judge may consider that when determining how to award custody and visitation. When you prove your spouse cheated, the judge may order your spouse to pay your legal fees and court fees related to the adultedy.
Adultery as defined gor South Carolina Family Courts simply means that one partner in the marriage had both the desire or inclination to be intimate with someone who was not their spouse and the opportunity to do so. The inclination standard means proving more than the fact that your spouse had a close friend or spent time alone with another person behind closed doors.
It generally involves showing that your spouse had a romantic interest in the other person. After you prove inclination, you also have to show that your spouse had the opportunity to be intimate with the other person.
To succeed in your case on the grounds that your spouse cheated on you, you need proof of his or her actions. However, you do not have to catch your spouse how often to burp a breastfed baby the act.
In some cases, a spouse who believes their husband or wife is cheating hires a private investigator to help gather evidence. In other cases, hiring a forensic investigator to evaluate your home computer or locating and interviewing witnesses may help establish your case.
Evidence may come in many forms, including photographs, emails or texts, online social media posts or dating site profiles, or other proof that your spouse wanted to cheat and then was with the other person long enough under circumstances that would allow for committing adultery.
There are certain actions on your part that your spouse could assert as valid defenses to his or her adultery. If you and your spouse reconciled after you became aware of his or her cheating, or if both of you were unfaithful to each other during your marriage, you may not be able to bar your divorcf from receiving alimony based on the grounds that he or she committed adultery.
Obtaining a fault-based divorce in South Carolina on the grounds that your spouse was not faithful may make the divorce process faster so you can move on with the next chapter of your life. Attempting to prove adultery on your own can be tricky; for that reason, many people choose to hire attorneysinvestigators, and others to help with the what sign is compatible with cancer woman. This portion of the site is for informational purposes only.
The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
Understand the implications of filing for divorce on the basis of adultery. Determine whether your spouse's actions are considered adultery in South Carolina. Gather proof of adultery.
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Condonation of Adultery in South Carolina
Sep 13, · To establish an adultery claim in South Carolina, you will need to prove two elements: Your spouse had motive to have the affair; and Your spouse had the opportunity to have an affair. There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina. Divorces are granted in specific courts, designated as Family Courts. Jan 06, · As divorce attorneys in Charleston, SC, we’ve handled many cases that involve claims of likedatingus.com people catch their spouse cheating or are suspicious of their spouse cheating, they usually wonder whether they can prove adultery if they file a divorce case in family court.
Imagine you are married and you have strong suspicions your spouse has been cheating on you. But no one has seen this alleged side relationship in person.
You are wondering if this is enough evidence to establish adultery as a ground for fault-based divorce in South Carolina. Using the example above, you likely will be able to establish your spouse had motive to have the affair if you can produce the text messages planning and seeking the affair.
Similarly, if your friends have seen these text messages or have spoken to your spouse about the affair, they could testify as to what they have witnessed. However, you will need more proof to establish opportunity to have the affair. This is proven where you can show your spouse is frequently in a private place alone with their alleged paramour with an opportunity to consummate the affair. While South Carolina case law is mixed on what the burden of proof is for establishing adultery, it is clear that the spouse trying to get divorced on grounds of adultery has the burden of first establishing a prima facie case of adultery.
Gorecki , S. McLaurin , S. Not necessarily. While it would be helpful to establishing your claim, South Carolina courts have found direct evidence is not necessary to prove adultery.
Prevatte , S. Fulton , S. Accordingly, the Court found that you can prove the elements of motive and opportunity by circumstantial evidence.
Indeed, in Griffith v. Griffith , the Court of Appeals found courts could draw an adverse inference against a spouse if he or she asserts the Fifth Amendment privilege against self-incrimination when asked to testify about alleged adultery.
There are several factors that are impacted by a finding of adultery in a South Carolina divorce:. There are several key takeaways from South Carolina case law on adultery that are helpful to bear in mind when trying to gather proof of adultery:. Contact us today for a case evaluation! We provide experienced and compassionate legal counsel in all Greenville family law and personal injury matters.
Elements of Adultery Claim To establish an adultery claim in South Carolina, you will need to prove two elements: Your spouse had motive to have the affair; and Your spouse had the opportunity to have an affair. Who Has the Burden of Proving Adultery? There are several factors that are impacted by a finding of adultery in a South Carolina divorce: No Waiting Period: If a spouse can prove the other has committed adultery, they will not have to wait the requisite one year separation period that would otherwise be required for a no-fault divorce.
Code Ann. This means that even if the spouse can otherwise show they would need financial support and be eligible for alimony, they could still be barred from receiving it. It should be noted that this bar extends to periods of separation between two spouses. That means even if you are living separate and apart from your spouse, you cannot engage in sexual relations with another person or that may considered a bar to receiving alimony.
Less Marital Property if the Adulterer Dissipated Money on their Paramour: Although South Carolina family courts typically will not consider adultery when dividing the marital assets of a couple, one exception may be where a spouse can prove their spouse expended significant marital funds to buy expensive gifts or trips for their paramour or otherwise spend money on them.
In these cases, the court will likely find the non-cheating spouse is entitled to reimbursement for part of the money spent. Courts have found that mere sexual intimacy between one spouse and another person is enough to establish adultery. Specifically, in Nemeth v. Nemeth , S. Courts have found that there needs to be evidence of a romantic relationship between the alleged adulterer and the alleged paramour.
In McElveen v. McElveen , S. Request A Consultation. We look forward to serving you! Name First Last.