What Is Considered Adultery in South Carolina and How Can It Impact My Divorce Case?
In South Carolina, both fault-based and no-fault divorces are recognized. In York County, you may pursue a fault-based divorce on the grounds of adultery if your spouse engages in a sexual relationship with another person during the marriage.
Allegations of adultery can significantly influence key aspects of the divorce decree, including property division, alimony, and other financial considerations. This article will look at how adultery is defined under South Carolina law, the evidence needed to prove it, and the potential legal and financial consequences it can have on your divorce case.
What Is Considered Adultery in South Carolina?
South Carolina law recognizes adultery (SC Code §16-15-70) as the act of habitual carnal intercourse between individuals while either of them is in a marital relationship with someone else. Proof of sexual intimacy without proving the act of intercourse allows for divorce on the grounds of adultery as well.
Evidence of Adultery
Evidence should prove that it is more likely than not that a spouse engaged in a sexual relationship outside of the marriage. Though hurtful, a spouse’s emotional relationship with another individual in person or online does not fit the legal definition of divorce.
You must prove that your spouse had the opportunity and the motive to engage in an intimate relationship. Examples of evidence of adultery may include eyewitness testimony, receipts, pictures, digital communications, or a spouse’s admission to the relationship. Facing false accusations in a York County, SC, court does not mean the courts will grant a divorce based on adultery.
What Is the Impact of Adultery on My Divorce Case in York County, SC?
Adultery impacts the waiting period for getting a divorce in South Carolina. The courts waive the one-year separation period required in a no-fault divorce. Filing for divorce on the grounds of adultery may occur at any time if proof of adultery exists.
Once you file for divorce, there is a 90-day waiting period before a final hearing can occur. However, disputes over the separation agreement can cause delays, extending the time it takes to get a divorce.
Adultery Impacts Alimony in a Divorce Case
The law prevents a spouse who engages in adultery from receiving alimony from a marriage partner who remains faithful. SC Code §20-3-130 is one of the most impactful laws governing separation agreements in York County, SC.
Couples who choose to divorce must remember that they are still married until they reach a formal separation agreement. A spouse and the courts may view any dating relationship during this time as adultery, barring a spouse from spousal support.
Divorcing spouses may agree to ignore this statute if the separation is mutual. Additionally, the courts may ignore the statute when one spouse knows about a partner’s adultery but does nothing to challenge the intimate relationship.
Adultery May Influence Asset Division in a Divorce
Establishing the grounds for an at-fault divorce in South Carolina may also influence a judge’s division of assets when couples disagree on splitting marital property. While the division of marital assets in South Carolina is equitable in a divorce, this does not always mean equal.
Judges have the power to consider the impact of a spouse’s adultery on the marriage and compensate a faithful spouse accordingly to offset financial challenges a spouse may endure. A judge may also consider an unfaithful spouse’s spending of marital funds on an extramarital relationship in the division of assets.
Talk to Our York County Divorce Attorney at Minor Law Divorce Lawyers About South Carolina Adultery Laws. Contact Us at (803) 504-0971
Adultery can significantly impact a divorce case in York, SC. Proving that a marriage partner participated in a sexually intimate relationship with another individual outside the marriage is necessary to divorce on the grounds of adultery.
Ultimately, adultery can impact how long it takes to divorce, whether you pay or receive spousal support, and the division of marital assets. If you’re involved in a divorce. 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
