Divorce is an emotional and stressful process that many couples face. In South Carolina, adultery is one of the grounds for a fault-based divorce. If your spouse has committed adultery, you can file for a divorce on that ground. In this article, we will discuss the steps to take when getting a South Carolina divorce with adultery.
Understanding Adultery in South Carolina
Before filing for a divorce on the ground of adultery, you need to understand what adultery means in South Carolina. Adultery is defined as the act of one spouse having a sexual relationship with someone other than their spouse during the marriage. A single act of adultery is enough to prove the ground for divorce.
Filing for Divorce
To file for a South Carolina divorce with adultery, you need to start by filing a complaint with the family court in the county where you or your spouse lives. The complaint should state that your spouse has committed adultery, and you want a divorce on that ground. You should also state any other grounds for divorce if there are any.
Serving the Complaint to Your Spouse
Once you have filed the complaint, you need to serve a copy to your spouse. In South Carolina, the complaint can be served in person by anyone over the age of 18 who is not a party to the divorce case. If your spouse cannot be located, you may need to hire a professional process server or publish a notice in a local newspaper.
Responding to the Complaint
After being served with the complaint, your spouse has 30 days to respond. They can either agree or disagree with the allegations of adultery. If they disagree, they must file an answer with the family court within 30 days.
Discovery Process
During the discovery process, both parties exchange relevant information and documents related to the case. This is done to gather evidence to support or refute the allegations of adultery. The discovery may include depositions, interrogatories, and requests for production of documents.
Mediation
Before the trial, the court may require both parties to attend mediation to attempt to reach a settlement without going to trial. Mediation is a process where a neutral third party helps the parties negotiate and find a mutually acceptable agreement.
Trial
If mediation is unsuccessful, the case will go to trial before a judge. During the trial, both parties will present evidence to support their case, including evidence of adultery. The judge will consider all the evidence and make a ruling based on the law and the facts of the case.
Property Division and Alimony
If a divorce is granted on the ground of adultery, the court will make a decision on property division and alimony. In South Carolina, the court will consider several factors to determine the equitable division of marital property. Adultery is one of the factors that may be considered.
Summary
Getting a divorce with adultery in South Carolina is a complicated process that requires a thorough understanding of the law and proper procedures. It is advisable to hire an experienced divorce attorney to guide you through the process and protect your rights. If you are considering a divorce on the ground of adultery, contact a South Carolina divorce attorney to discuss your options.