Infidelity can be a heartbreaking discovery, but often this discovery is just the beginning. Along with the emotional distress and hurt, infidelity in marriage can lead to divorce, complicated legal proceedings, and even criminal charges. South Carolina has unique marital laws that are generally more strict than most other states. Understanding how infidelity can impact a divorce case, along with the other implications of the act, may be vital to the case outcome.
Consider speaking with an experienced and compassionate family law attorney from King Law Offices for more information regarding South Carolina’s marriage and divorce laws. Schedule a consultation by calling (888) 748-KING.
How Does South Carolina Define Adultery?
While many states are more lenient with divorce laws, South Carolina is much more strict. Therefore, being aware of the definitions and consequences of these laws may be a key part of divorce cases. According to the South Carolina Legislature Section 16-15-70, adultery is defined as a man or a woman who is lawfully married living with, or having carnal intercourse with someone other than their spouse.
Is Adultery a Crime in South Carolina?
Adultery or infidelity in marriage is considered a crime in South Carolina. This means that the potential consequences of infidelity are much more severe than they would be in other states. Fines of up to $500 and up to six months of jail time are all potential consequences of adultery, not including the effects the charge has on a divorce case.
However, this crime is seldom investigated, and there is a chance of forfeiting the right to prosecute by reconciling with the unfaithful spouse. Written communication expressing forgiveness or continued relations with the unfaithful spouse may imply condonation of the activity and negate any leverage that would be afforded in court.
Adultery as a Ground For Divorce
However, while infidelity in marriage is considered a crime by the state legislature, it is more often used in civil court as grounds for divorce instead of prosecuting it as a criminal offense. In South Carolina, there are five grounds for divorce permitted by law. These are adultery, desertion for one year or longer, physical cruelty, habitual drunkenness, and no-fault divorce after a year of separation.
No-Fault Divorce Waiting Periods
One of the most significant impacts of infidelity in marriage on divorce is the nullification of the one-year waiting period. For no-fault divorces in South Carolina, spouses must live apart for at least one year before filing for a divorce. There are even measures written into the law to allow a judge to deny an application for divorce if the court determines that the spouses are colluding to falsify one of the four grounds that qualify for a fault divorce under S.C. § 20-3-20.
However, if adultery can be proven, this turns the case into a fault case, which circumvents the one-year waiting period and allows for a divorce to proceed immediately. This would require the plaintiff to offer proof of adultery. For more information regarding infidelity in marriage and its impact on a divorce case, consider speaking to an experienced South Carolina family lawyer from King Law Offices.
Impacts of Adultery on Divorce Cases
Adultery or infidelity in marriage has a dramatic effect on divorce cases, changing their nature entirely. The suspicion of adultery changes a no-fault divorce case, which requires additional stringencies and is generally equally in favor of either spouse, into a fault divorce case, which may benefit the faithful spouse over the unfaithful one. As such, these cases will proceed very differently from one another.
Burden of Proof
One of the most significant differences between fault and no-fault cases is the burden of proof. In a no-fault case, there is nothing to be proven, as the majority of the case is negotiating the division of assets and other similar matters. However, in a fault divorce case, the plaintiff must prove the offense of the other party to receive the compensation required.
However, due to the nature of adultery, eyewitnesses are generally not required to prove adultery. The court will generally accept proof of motive and opportunity as grounds to proceed with the divorce, as it is unlikely that there will be witnesses to testify.
Alimony
If infidelity in marriage can be proven, then this will generally affect the proceedings in favor of the faithful spouse in several ways. With few exceptions, a charge of infidelity permanently bars the unfaithful spouse from receiving alimony or other support. Alimony is usually decided by evaluating incomes, financial needs, and the responsibility of a spouse to support the other. However, unless there is a prior written agreement or settlement, an unfaithful spouse is barred from receiving it.
Child Custody and Support
Judges decide custody cases in the best interests of the child, and this may be impacted by infidelity in marriage. While generally, judges do not consider this offense to negatively impact the unfaithful spouse’s ability to parent, it may be argued that this offense was a moral failure that may negatively impact the child. However, child support is generally not affected by infidelity in marriage.
Fines and Attorney Fees
The court maintains the right to award attorney fees based on the circumstances of the case, which is generally not affected by fault in the case. However, if the adulterer denies the accusations and forces their spouse to prove it via hiring an attorney, the judge may assign these fees to the cheating spouse.
Frequently Asked Questions
Listed below are several frequently asked questions regarding infidelity in marriage.
Are Emotional Affairs Considered Infidelity in South Carolina?
Emotional affairs are not considered adultery in South Carolina, but they may be a factor in proving infidelity to the courts. Many courts accept emotional affairs as an inclination to commit adultery, which may strengthen a case.
Can Adultery Impact Property Division in South Carolina?
Property must be divided equitably between spouses, but this does not mean equally. If infidelity in marriage contributed to the divorce or incurred any financial burden on the other spouse, this may affect the distribution of property. However, if both parties signed a settlement agreement prior to the infidelity, this may not apply.
Contact a South Carolina Family Attorney Today
Infidelity in marriage is a tragic situation, and can often lead to serious consequences in court. Navigating the ins and outs of divorce law while seeking equitable compensation can be incredibly difficult. An experienced South Carolina family law attorney from King Law Offices can be a great asset in building a case and evaluating the details of the law. Consider reaching out and scheduling a consultation by calling (888) 748-KING.