In South Carolina, adultery can be used as a valid reason to file for divorce.
The legal system in the state considers cheating a serious marital fault.
This may influence multiple divorce proceeding aspects, particularly:
- alimony
- custody
Impact on Alimony and Custody
In matters of alimony and deciding whether spousal support should be awarded, the court will take into account marital misconduct, and this would include adultery.
If you cheated on your spouse, it can shoot down the likelihood of receiving alimony as you are a spouse at fault; the court considers this behavior when making its determination.
As far as child custody is concerned, different scenarios exist where adultery might come into play, for example, if the cheating spouse exposes the children to their new partner.
Removal of Spouse from the Marital Home
No matter the circumstances, neither spouse can make a decision by themselves to throw the other person out of the marital home.
But if there has been marital misconduct – physical abuse or adultery – the other spouse can request the family court to issue an order such that the offending spouse has to leave their home.
For such a legal step, there has to be sufficient evidence of misconduct.
Proving Adultery in South Carolina
It’s not easy to prove adultery, that is because the actions are often private. So, to prove it in South Carolina, the evidence should be there to show:
- the desire to cheat (inclination proved through: text messages, emails, online dating profile, etc.)
- the opportunity to do so (private time proved through: photos, videos, credit card bills, hotel records, personal admissions via communications, etc.)
Legal Separation and Adultery
In South Carolina, until a judge finalizes the divorce, your marriage is legal, so there’s no legal status to just separation.
But during this time, any romantic or intimate involvement with someone else can be considered adultery. This could influence legal asset division, spousal support or alimony.
Get professional advice from licensed attorneys in South Carolina for more information.
