Divorce, a complex and emotionally charged process, can be further complicated by allegations of adultery. Infidelity often represents the ultimate betrayal, evoking anger, sadness, and a longing for retribution. In South Carolina, adultery holds significant weight in divorce cases, exerting a profound influence on the outcome of proceedings.
Grounds for Divorce in South Carolina
Before delving into the impact of adultery on divorce cases in South Carolina, it is crucial to grasp the state’s divorce laws. South Carolina recognizes five grounds for divorce, comprising:
- Adultery
- Desertion
- Physical cruelty
- Habitual drunkenness or drug use
- Separation for one year
South Carolina stands as one of the few states that still allows for fault-based divorce, enabling an individual to cite one of the aforementioned grounds as the reason for the divorce. Nonetheless, most divorces in South Carolina are classified as no-fault, signifying that neither party is to blame for the disintegration of the marriage.
Defining Adultery in South Carolina
To file for divorce on the grounds of adultery in South Carolina, the petitioner must substantiate that the other spouse engaged in extramarital sexual intercourse or oral sex. It is important to note that activities such as kissing or touching do not meet the state’s definition of adultery.
Procuring evidence of adultery can prove arduous, emphasizing the importance of collaborating with an experienced divorce attorney capable of assisting in the accumulation of necessary proof.
The Impact of Adultery on Divorce Settlements
In South Carolina, adultery bears substantial consequences for divorce settlements. The state’s legislation empowers the court to consider the conduct of both spouses during the marriage when making determinations concerning asset division, alimony, and child custody.
Division of Property
South Carolina adheres to the equitable distribution doctrine, requiring that marital property be divided fairly, but not necessarily equally, between spouses. Instances of adultery may lead the court to perceive a wasteful dissipation of marital assets by the guilty spouse, potentially resulting in a more significant allocation of assets to the innocent spouse.
Alimony
In South Carolina, the court possesses the authority to order alimony payments from one spouse to the other, basing the decision on various factors, including the duration of the marriage, each spouse’s earning potential, and the marital standard of living. Adultery heavily influences alimony determinations, as the court may regard the unfaithful spouse’s actions as demonstrating bad faith or a breach of the marital contract.
Child Custody
When deliberating child custody arrangements, the court’s primary concern remains the best interests of the child. While adultery may be a factor influencing custody decisions, it does not automatically determine the outcome. The court examines the impact of the adultery on the child’s well-being and evaluates each parent’s ability to provide a stable and nurturing environment.
Conclusion
In South Carolina, adultery significantly impacts divorce cases, particularly concerning asset division and alimony payments. If considering filing for divorce based on adultery or being accused of committing adultery, it is crucial to engage the services of an experienced divorce attorney. Such professionals can effectively guide individuals through the legal process while safeguarding their interests. Ultimately, the decision to pursue divorce grounds based on adultery is highly personal, necessitating careful consideration of the potential consequences.