Divorce is a tough process that is usually associated with legal issues, and it may even be more difficult if one of the partners cheats. South Carolina has listed adultery as one of the fault grounds for divorce, which is important because if one spouse is able to establish the other’s adultery, it will have a lot of bearing on the divorce.
In a divorce case, establish adultery for those seeking fault-based divorce because it can affect the awards of alimony, property, and even children.
In South Carolina, the courts do consider any allegations of adultery but at the same time, they also expect the proof to be overwhelming. Unlike some other states that have embraced no-fault divorce, South Carolina permits the divorce on the ground of fault, which can be advantageous if you can prove adultery.
Some Common Adultery Divorce Cases in South Carolina
When it comes to proving adultery in divorce cases in South Carolina, understanding the different scenarios where infidelity can occur is essential. Here are some common types of adultery that might be the ground of adultery:
Emotional Affair Building up to Physical Adultery
This type of relationship is mostly based on the feeling that is developed and then it grows into sex. The so-called emotional affair is usually a friendship or some other type of relationship that gradually turns into a sexual one.
South Carolina defines adultery as the physical act of sexual intercourse; however, an emotional affair can contribute to circumstantial evidence that would support allegations of physical betrayal.
Adultery During Separation
This is where one of the partners sleeps with another person other than their partner but before the process of divorce is complete.
South Carolina remains that any sexual relations outside marriage are considered adultery irrespective of the fact that the couple has separated. This type of adultery can affect alimony and could potentially make a divorce even worse for one of the parties if they decide to state that the affair began before the couple separated.
One-Time Infidelity
A single act of sexual betrayal with another person, with no further interaction. This might happen for instance in cases such as an instance of a ‘casual fling’ or a ‘hookup’.
Technically it is still considered adultery even if it is a one-time incident in South Carolina. When established, it impacts alimony and serves as a basis for a fault-based divorce.
Ongoing Extramarital Relationship
This type entails consistent and routine sexual intercourse with a person other than the marriage partner. This is usually associated with a lot of money or emotional stake involved.
Marital affairs are one of the easier kinds of affairs to substantiate in case there is substantial evidence of constant communication and meetings. This type of adultery can seriously affect the division of assets, support, and other issues of the divorce.
Adultery with Financial Implications
This is where the cheating spouse uses most of the marital assets on the affair or the affair partner. This could include buying gifts for friends, traveling, or any other expense that is likely to be paid using marital money.
The economic loss due to such a betrayal can be claimed in the division of property since the unfaithful spouse may be ordered to contribute a greater portion of the marital property due to the misappropriation of assets.
If you are dealing with any of these forms of adultery in your divorce case, it’s crucial to seek professional legal advice. Contact a skilled divorce lawyer at Max Hyde to discuss your situation and explore your options. Reach out to Max Hyde Law Firm today at (864) 804-6330 to book a free consultation with one of our experienced divorce attorneys.
Legal Implications of Adultery Under South Carolina Law
Adultery as a fault ground for divorce is a legal issue in South Carolina that has legal consequences. In South Carolina, adultery cases are dealt with under the S.C. Code Ann. § 16-15-70.
Adultery is technically a crime in SC, but it is rarely prosecuted. Adultery is considered a major violation of the marriage contract under the legal framework and can impact several features of the divorce procedure.
For the accused spouse to seek a divorce on the basis of adultery, he or she has to file for the divorce within a given period and has not ratified the act.
This implies that if one of the partners is aware of the situation and decides to overlook it or even makeup, then he or she will not be in a position to make the decision to divorce based on this reason at a later date.
Impact of Adultery on Alimony, Property Division, and Child Custody
Alimony: In South Carolina, the law provides direct consequences of adultery on alimony. The law clearly provides that if a spouse committed adultery, then he/she cannot receive alimony, however, the position or need of the other spouse may be.
This rule applies despite the fact that the adultery was committed after the couple had separated but before the actual divorce took place.
Property Division: South Carolina like every other state adheres to the principle of equitable distribution of marital properties but the act of adultery could influence the distribution of property.
While the allocation of property is not punitive, a judge may consider adultery when deciding what would be fair if, for instance, the involvement in an affair cost the couple’s resources.
Child Custody: Adultery is not enough to influence child custody because people are allowed to have relationships with anyone they want unless the adultery affects the children in some way.
The court’s main focus in custody cases is the welfare of the child If the act does not in any way hinder the capacity of the offending parent to take care of the child, then the act may not have any influence on the custody decision.
However, if the adulterous relationship brings aspects that may be dangerous or disruptive to the children, then the issue of custody may change.
Types of Evidence Required in an Adultery Case in South Carolina
Proving adultery in a divorce case requires presenting clear and convincing evidence that meets legal standards. In South Carolina, this involves gathering both direct and circumstantial evidence to convincingly demonstrate the occurrence of infidelity.
Direct Evidence
This kind of evidence gives clear evidence of adultery, which does not require any assumptions or further explanation. This kind of evidence is very useful in courts but very hard to come across because infidelity is a very private affair.
Witness Testimony
Witness testimony entails the use of testimonies from people who have personal knowledge about the incident of adultery. This could be friends, neighbors, colleagues, or even private investigators who have witnessed the acts of adultery.
The evidence given by a competent witness who has witnessed the act of the adulterous spouse can be very convincing. For instance, a witness could have seen the spouse going into a hotel with another person or observed sexually related conduct of the accused with a third party.
Eyewitness evidence can be confronted and impeached on the basis of the witness’s character, partiality, or the admissibility of the evidence. In this case, it is important that the witness is credible in the eyes of the court and is regarded as bias-free.
Admissions of Adultery
This is a situation whereby the accused spouse openly agrees to the fact that he or she has committed adultery. This can occur in casual conversations, in emails, messages, or even when testifying in a deposition or even in court.
Admission of adultery is considered one of the strongest types of direct evidence because it is a statement by the defendant. This can greatly help in the court’s decision-making because if the admission was documented or witnessed, it would not be a big problem.
Admissions can from time to time be withdrawn or denied, the cheating partner may, for instance, claim that the admission was made under pressure or as a result of anger or frustration. Nevertheless, once entered particularly in a legal environment, it may be challenging to counterbalance this evidence.
Text Messages, Emails, or Social Media Updates
Text messages, emails, and social media updates can be highly informative when it comes to an adulterous affair. Any text that is of a sexual nature, or texts that may arrange rendezvous, can be considered as clear signs of cheating.
Such communications can directly depict the intimate conversation or planning between the adulterous spouse and the mistress. For instance, text messages of appointments of private rendezvous or detailed conversations about the affair can be useful in court.
The nature of these communications can be called into doubt as to their genuineness and the circumstances in which they were made. One has to be very careful that the evidence that is presented is not partial or selective in any way.
Receipts, Gift, etc., (Financial Records of the hotel)
Receipts for hotels, credit card receipts, and records of purchase can be used to show expenses that could be linked with an affair. For instance, receipts of accommodation, and expensive items that were bought for someone else other than the spouse are signs of infidelity.
Such records can be more physically connecting the offending spouse to the act of adultery than even the best and most detailed testimony. For example, receipts for hotels proving that the partner was in a different location during the time that other proof of the affair was made can be useful.
Financial records can be insufficient to substantiate adultery without further circumstances or materials. There is a need to explain how these expenses are traceable to the affair and not other lawful activities.
Surveillance Footage or Private Investigator Reports
Video or written records from surveillance cameras or private investigators can provide a means of proving unfaithfulness. This may contain a clip where the spouse is with their lover or where they are acting in a sexually permissive manner.
Surveillance evidence may offer absolute proof of the spouse’s cheating, for example, one may catch a cheating partner in the act of cheating, that is, they see the spouse with another person. Other reports filed by private investigators can also include activities, places, and contacts that will strengthen the grounds for adultery.
Surveillance and private investigator reports have to be legally acquired and compliant with the legal procedures of the court. This evidence is not without its problems as there are concerns about privacy, the legalities of the surveillance methods, and the credibility of the investigator.
It can be difficult to comprehend the divorce laws. Reach out to Max Hyde Law Firm today at (864) 804-6330 to schedule a free consultation with one of our accomplished South Carolina family lawyers and start the journey of seeking justice with us.
Legal Standards for Adultery Proof in South Carolina
Before filing for divorce on the basis of adultery in South Carolina, it is crucial to comprehend the legal expectations that are considered sufficient to support such allegations.
This entails having some standards that are more than mere accusations to guarantee that the evidence provided can support cases of adultery in court. In this part, we will discuss the requirements for proving adultery and what entitles one to a case of marital misconduct or an extramarital affair.
The “Clear and Convincing” Evidence Standard
For a party to win a divorce case in South Carolina they need to prove the act of adultery to a standard of ‘clear and convincing evidence’. This legal standard is higher than the standard known as the ‘balance of probabilities’ which is usually applied in civil cases but lower than that known as ‘beyond reasonable doubt’ which is applied in criminal cases.
“Clear and convincing” evidence means therefore that the evidence must be highly probative and convincing, in the sense that the judge is not left with any serious or substantial doubt.
Understanding the Burden of Proof
The burden of proof may be defined as the duty to provide proof or to support one’s claims and this is a very important concept that any learner should have adequate understanding of.
In an adultery case, the onus of proving the case rests on the side of the spouse who is laying the complaint. This means that the accusing spouse has to prove that the act of adultery took place.
The accusing spouse needs to produce evidence that would satisfy the legal burden of proof that is of the ‘clear and convincing’ type in order to persuade the court of adultery.
This entails more than just coming up with evidence that supports the claim but also making sure that the evidence that is presented is credible and enough. The burden of proof is important because it defines whether the complaint of adultery is sustained or rejected.
Legal Procedures for Presenting Adultery Evidence in Court
To prove adultery in South Carolina, you have to go through some legal procedures. The goal is not to collect evidence but to make sure that this evidence is admissible and convincing in a court of law.
How Evidence is Presented in Court
South Carolina is one of the states in the United States that has a set of rules that dictate the presentation of evidence in court with the aim of providing justice and accuracy.
In any case involving adultery, the evidence produced must be compelling and presented in a manner that satisfies the court’s requirements.
Submission of Evidence: In divorce cases, proof of adultery is presented during the hearings or trial process in the court of law.
This is done by the presenting party, and this is often done through an attorney where items such as documents, witness statements, or even videos like surveillance videos are tendered.
Examination and Cross-Examination: After the presentation of the evidence it can be examined and cross-examined.
This means that the attorney representing the other party can challenge the admissibility of the evidence based on credibility, relevance, or reliability.
Other forms of evidence that may be presented in the court include those given by an accusing spouse, third party, or a private investigator who is also subjected to cross-examination to question the credibility of their evidence.
Rules of Evidence: The court has certain rules of evidence in place that govern what can be admitted in court as evidence. For example, the direct evidence rule which states that information received second-hand (hearsay) is inadmissible unless it meets certain reasons.
Likewise, electronic data such as emails or messages contain evidence that has to be authenticated to show that the data is original and has not been altered.
Presentation Strategy: It shows how the manner of presentation can influence the outcome. Our attorney can use timelines, charts, and other graphics to assist the judge in making out the chronological order of events and the relevance of the evidence.
There are ways of presenting evidence to prove adultery and they include; The method of presenting evidence in a manner that is logical, clear, and organized can help in the process of proving adultery.
How Our Experienced Divorce Law Attorneys at Max Hyde Law Firm Can Help You
It is always hard to go through the process of a divorce, especially when the possible grounds for the divorce are adultery. Our team has many years of experience in dealing with the divorce cases in Spartanburg, Greenville, Charleston and throughout South Carolina.
Individual Consultation and Plan
We know that each divorce case is specific and that is why you need a special approach to your case. Our attorneys will listen to your concerns, comprehend your objectives and goals and provide you with the kind of legal aid that will suit your case.
Whether it is a settlement negotiation or a trial, you will be fully informed on your rights and the possibilities to allow you to make the best decisions.
Identification and Collection of Facts
Adultery is a difficult type of evidence to present and the standard of proof that is required is the clear and convincing evidence. Our team has a lot of experience in investigating the cases of divorce in South Carolina.
We work with private investigators, scrutinize financial statements, examine emails, and get statements from eyewitnesses to support your case.
Skilled Negotiation and Mediation
Many divorce cases can be settled out of court through a process of bargaining and compromise and hence do not take long like other court cases.
The attorneys that we employ are professional negotiators who will do all they can to ensure that you get the best deal. Our goal is to obtain the optimal result together with reducing the level of conflict and stress.
Aggressive Court Representation
In the event that your case goes to trial, then you can rely on our team of litigators who will give you a formidable defense. We shall bring forth sound reasons and substantiated facts so as to fight for your causes and bring your concerns to the forefront.
Our attorneys are knowledgeable in the South Carolina family law and our firm has a positive record of accomplishment in divorce cases.
Comprehensive Support at Every Stage
It is not only a legal procedure but a process that takes place in your heart and mind and influences many spheres of your life.
Family lawyers are there for support and help from the time of the initial consultation through the conclusion of the case. We want to support you in dealing with the legal, financial, and emotional issues of divorce so that you come out of this process feeling as secure as possible, with a plan for your future.
Protecting Your Financial Interests
The consequences of adultery can be financial, including issues related to alimony, property division, and other matters.
Our lawyers will also seek to safeguard your financial position, thus making sure that any financial damages that may have arisen out of the affair are compensated.
Divorce law attorneys at Max Hyde Law Firm are highly qualified and will ensure you get the best legal representation and advice. Call us at (864) 804-6330 to speak to our professional family law attorney and get a free consultation on how we can assist you to get the best results on your divorce case.
