Can Adultery Impact the Outcome of a South Carolina Divorce?

Can adultery impact the outcome of a South Carolina divorce? Yes, and in more ways than you might expect. South Carolina law takes marital misconduct seriously. If one spouse cheats, it can directly affect alimony, divorce timelines, and sometimes even property division.

Unlike many no-fault states, South Carolina allows courts to consider infidelity when deciding major issues in a divorce. Knowing how these laws work can help you protect your rights during the process.

How Adultery Affects Grounds for Divorce

Adultery is one of four fault-based grounds for divorce in South Carolina. The others are physical cruelty, habitual drunkenness, and desertion. If you can prove your spouse committed adultery, you probably won’t have to wait the typical one-year separation period that applies in no-fault divorces. That means your case can typically move faster.

To use adultery as a ground for divorce, you’ll likely need to show two things:

Opportunity: Your spouse had the chance to be alone with another person.
Inclination: There is evidence of a romantic or sexual relationship.

The court does not require direct proof of sex. Circumstantial evidence, like hotel stays, texts, or photos, can be enough. If both opportunity and inclination exist, the court may accept adultery as proven.

Is Adultery a Crime in South Carolina?

Technically, yes. Under South Carolina law, adultery is still a misdemeanor. It’s rarely prosecuted, but the law remains on the books. In criminal terms, it’s punishable by at least six months in jail or a fine of up to $500.

That said, most consequences of adultery are civil, not criminal. Courts care less about punishing the cheating spouse and more about how the affair affects divorce-related issues like alimony and equitable distribution.

Is There a Statute of Limitations on Adultery in SC?

There’s no specific time limit for raising adultery in a divorce case, but timing still matters. The affair must have occurred before the signing of any settlement agreement or divorce decree for it to block alimony. If the cheating happened after the legal documents were finalized, it usually won’t affect your case.

Keep in mind that if you reconcile after learning of the adultery, meaning you resume living together, it could weaken your claim. Courts may see that as forgiveness or acceptance of the behavior.

Does Legal Separation Impact Adultery Claims?

In South Carolina, legal separation isn’t automatic just because a couple lives apart. Without a formal legal separation or court order, cheating during that time may still count as adultery. If you’re separated and dating, it’s possible the court could treat that as evidence of infidelity.

This issue often arises when couples live apart without legally formalizing their split. To avoid confusion, speak with an attorney before starting any new romantic relationship during the divorce process.

Is Sexting Considered Adultery in South Carolina?

Sexting can be considered adultery. South Carolina adultery laws focus on inclination and opportunity, not just physical contact. Sexting may not meet the full legal definition of adultery on its own, but when combined with other signs of romantic or sexual intent, it can support a claim.

Judges will look at the full context. Sexting may serve as evidence of inclination, especially if paired with travel records, hotel bookings, or secret meetings. In some cases, sexting alone may affect alimony or how the court views the spouse’s credibility.

Talk to Our York County Divorce Attorney at Minor Law Divorce Lawyers About South Carolina Adultery Laws. Contact Us at (803) 504-0971

Adultery in South Carolina can affect nearly every part of your divorce, including how fast it moves, whether alimony is awarded, and how assets are divided. The laws are strict, and the consequences can be significant.

If adultery is part of your case, speak with our York County divorce attorney at Minor Law Divorce Lawyers. We understand South Carolina’s divorce rules and how to protect your interests.

To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971