Infidelity can have a devastating impact on a marriage, leaving couples with difficult decisions to make. While some may choose to work through the issue, others may find that divorce is the only option. If you are considering filing for divorce in South Carolina due to infidelity, it is crucial to follow specific steps to ensure the success of your case. In this article, we will delve into the key factors you need to be aware of when getting a South Carolina divorce with infidelity and offer guidance on navigating this challenging process.
Understanding South Carolina Divorce Laws
To initiate a divorce in South Carolina, you must fulfill certain residency requirements. Specifically, at least one spouse must have been a resident of the state for a minimum of one year prior to the filing date. It is important to note that South Carolina is a no-fault divorce state. This means that infidelity does not have to be the sole reason for seeking a divorce, but it can still be a factor taken into consideration in the final settlement.
Establishing Infidelity
Proving infidelity in a marriage requires gathering substantial evidence. There are various approaches to obtaining evidence, including hiring a private investigator or collecting financial records pertinent to the affair. Additionally, text messages, emails, and social media posts can serve as valuable evidence. However, it is essential to present this evidence effectively in court in order to establish that infidelity indeed occurred.
Retaining Legal Representation
While it is possible to file for divorce without legal representation, when dealing with infidelity, it is crucial to engage the services of an experienced divorce attorney. A skilled attorney possesses the necessary knowledge and resources to navigate the complex legal system and safeguard your rights. Furthermore, they can assist in gathering evidence and constructing a strong case on your behalf.
Initiating the Complaint
Once you have secured legal representation, the next step is to file a complaint with the court. This complaint should outline the grounds for divorce, highlighting the issue of infidelity. Your attorney will offer guidance in drafting and filing the complaint. It is important to note that the filing fee for a divorce in South Carolina is $150.
Serving the Complaint
After the complaint has been filed, it is essential to serve the paperwork to your spouse. This process typically involves hiring a process server to deliver the complaint to your spouse. In specific cases, your spouse may choose to waive service and instead sign an acknowledgement of receipt of the paperwork.
Engaging in the Discovery Process
During the discovery process, both parties are expected to exchange relevant information and evidence pertaining to the divorce. With the assistance of your attorney, you will gather evidence related to the infidelity, including financial documents, phone records, and other personal communications. Simultaneously, your spouse’s attorney will be working to gather evidence to counter the allegations.
Exploring Mediation and Settlement
Before proceeding to trial, many couples opt for mediation as an avenue to attempt to reach a settlement agreement. Mediation involves a neutral third party who aids in facilitating negotiations between the couple, with the goal of reaching a mutually satisfactory resolution. If a settlement is achieved, it will subsequently be presented to the court for final approval. However, in the event that mediation does not lead to an agreement, the case will proceed to trial.
Presenting the Case in Trial
If the case reaches trial, the allegations of infidelity will be presented before a judge or jury. The court will evaluate the evidence presented and make a decision regarding the final settlement. Thus, it is of utmost importance to have an experienced attorney who can skillfully present a compelling case and protect your rights throughout the trial.
Finalizing the Divorce
Upon the court’s decision, the divorce will be finalized. The final agreement will encompass crucial elements such as child custody, visitation rights, child support, alimony, and division of property. It is important to note that if infidelity played a role in the divorce, it may impact the final settlement. Therefore, having competent legal representation is indispensable to ensuring your rights are safeguarded throughout the divorce process.
Conclusion
Divorce is an understandably difficult process, particularly when infidelity is an underlying factor. However, by comprehending the legal procedures involved and working alongside an experienced attorney, you can ensure that your rights are protected, and an equitable settlement is obtained. If you find yourself considering divorce due to infidelity, it is crucial to seek the guidance of a knowledgeable attorney who can assist you through this challenging journey. With the appropriate support and resources, you can confidently embark on a new chapter in your life.