Sc Divorce For Adultery
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FAQ
Ing to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.
S.C. Code Ann. Section 20-30-12 identifies the grounds upon which a divorce can be granted in South Carolina, including fault based divorces (on the grounds of adultery, habitual drunkenness, physical cruelty, and desertion) and no-fault divorce on the basis of living separate and apart for longer than 1 year.
If you file for divorce in South Carolina based on your spouse's adultery, you'll need to prove that claim. You don't need to provide direct evidence of the actual sexual encounters. Instead, you may use circumstantial evidence showing an inclination and opportunity to commit adultery.
Even if your divorce proceedings end up being litigated inside a courtroom, a divorce judge cannot order you to pay alimony to your cheating spouse, regardless of where you live in South Carolina. The Judge May Divide the Marital Assets in Your Favor.
How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.