Can Adultery Impact the Outcome of a South Carolina Divorce?

At the David W. Martin Law Group, our South Carolina divorce attorneys represent clients who have endured the trauma of being betrayed by an adulterous spouse. While there are very few events as painful, there may be an upside. Adultery may actually swing the South Carolina divorce proceedings favorably in the direction of the victimized spouse.

While this may provide little solace in the moment, the long-term impact can help our clients heal, and start their lives anew.

Here is what South Carolina spouses need to know about their legal rights and options after they have suffered through infidelity in their marriages.

How Does Infidelity Affect My South Carolina Divorce?

If your spouse cheated on you during a South Carolina marriage, their infidelity would impact your divorce proceedings in more than one major way.

They include:

  • You Would No Longer Have to Satisfy the One Year Separation Requirement.

If we can prove your spouse cheated on you, you will qualify for a fault-based divorce in South Carolina.

That means you will not have to fulfill the mandatory one-year separation period before the divorce moves forward. We can file for divorce as soon as you are ready, so you can move forward with confidence — quickly.

  • No One Has to Move Out to Get Your Divorce in Motion.

If your cheating spouse believes remaining in the marital home will keep you from filing for divorce, he or she is dead wrong.

Infidelity allows one spouse to file for divorce even if the other spouse has not moved out, since the separation period no longer applies.

  • You Do Not Have to Pay Alimony.

South Carolina law prohibits a spouse who has committed adultery from receiving alimony.

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.

If your spouse cheated on you, a South Carolina divorce judge has the discretion to award you a greater portion of the marital property. This detail can have great financial significance in your divorce.

How Can I Prove My Spouse Committed Adultery?

With so much at stake during at-fault divorces precipitated by adultery, the South Carolina divorce courts require proof that an affair occurred.

That means you must have more than a suspicion.

South Carolina family law requires the victimized spouse to prove both of the following details are true:

  • Your spouse had the “inclination” to commit adultery. This simply means that he or she has shown a desire to have a romantic or sexual affair with another person.
  • Your spouse had the “opportunity” to commit adultery. This means you must prove he or she acted — or could have acted — on the desire to have a romantic or sexual affair with another person. This often means putting your spouse and their romantic partner at the same location, often by themselves, where they could commit a sexual act.

Simply put, if your spouse has shown the desire to have an affair with a neighbor, either through conversations, inappropriate texting, sexting, or previous actions, and suddenly is found at his or her house with no one else in sight, you may have the proof you need that he or she had the inclination and opportunity to commit adultery — even if the two did not have actual relations.

If you have questions about how to handle a cheating spouse during a South Carolina divorce, we have answers. You do not have to face this difficult time alone. Allow our South Carolina divorce attorneys to build the best case possible for your unique circumstances.

Contact the David W. Martin Law Group Divorce Lawyers in South Carolina Today

Contact our skilled South Carolina family law attorneys at the David W. Martin Law Group today by calling (803) 548-2468 to learn more about your legal rights and options to dissolve your marriage quickly and effectively after your spouse has cheated.


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David W. Martin Law Group

108 Springs Street
Fort Mill, SC 29715-1722
(803) 548-2468

1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707
(803) 548-2000

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Greenville, SC 29601
(803) 590-1958

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Spartanburg, SC 29302
(864) 606-0053

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Rock Hill, SC 29730
(803) 985-9200

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Bluffton, SC 29909
(843) 949-4354

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Myrtle Beach, SC 29577
(854) 854-5623

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Suite 102 Office 1120
Mt. Pleasant, SC 29466
(843) 800-8165

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1501 Main Street,
Suite 507, Columbia, SC.

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