Adultery can have various impacts on a divorce case in South Carolina. Here are some ways adultery might affect a divorce:
- Grounds for Divorce: In S.C., adultery is a ground for divorce, meaning it can be cited as the reason for the marriage's breakdown. A final decree may be granted three months after filing.
- Alimony/Spousal Support: Adultery may be considered in the analysis for alimony if it affected the economic circumstances of the parties or contributed to the breakup of the marriage. A spouse who commits adultery before either (1) the formal signing of a written property or marital settlement agreement or (2) the entry of a permanent order of separate maintenance and support or permanent order approving a property or marital settlement agreement between the parties is not entitled to alimony.
- Property Division: Adultery may be considered when dividing marital property if it affected the economic circumstances of the parties or contributed to the breakup of the marriage.
- Child Custody: Adultery may or may not have a direct impact on child custody arrangements. Courts typically base custody decisions on the best interests of the child, so if adultery has had a negative impact on the children (e.g., if it caused emotional harm), it could potentially influence custody decisions.
- Emotional Impact: Adultery can understandably lead to emotional distress for both parties involved, which can further complicate negotiations and proceedings related to the divorce.
Because adultery can impact a case in various ways, it is important to be honest with your attorney so that you can receive advice specific to your case.
