The Bottom Line
Adultery is a fault ground in South Carolina. Committing adultery can also negatively impact property division for the person committing adultery. No-fault divorces really focus on being fair and equitable. If your spouse accuses you of adultery, things could get messy.
Being able to fairly agree to property division without having to go before a judge about it may be best. Marital misconduct is one of the factors a judge can consider when deciding property division. Dating can also negatively impact alimony. Committing adultery absolutely bars that person from receiving alimony in South Carolina. Dating while still being married could cost you lots of money.
The dangers of dating before divorce (or before a final order of separate maintenance)
Dating may also affect who gets custody of the children. Allison , S. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance.
9 Questions about Legal Separation in SC
Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery. Post-separation adultery can be a major factor in alimony and a small factor in property division. For the spouse seeking alimony, adultery can act as an absolute bar.
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The supported spouse can incur significant fees in defending that claim. Even for the supporting spouse, dating can pose a danger on alimony. In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate ….
The Truth About Five Charleston Divorce Myths | Divorce Attorney | The Peck Law Firm
Instead of stopping child support payments, you should consult with a Charleston child custody and divorce lawyer to learn what options you have to enforce the child custody order. The mother automatically gets custody of the children in a Charleston divorce. This is a false statement. South Carolina divorce law does not prefer mothers in determining child custody cases, including those child custody cases involving an infant. Your divorce judge must follow the South Carolina child custody law in making that decision. Major factors in the South Carolina child custody statute include: I will automatically get half of everything in a Charleston divorce.
How can dating impact….
Alternatively, a skilled Charleston divorce attorney may be able to get a better divorce settlement for you. In preparing for court, your Charleston divorce lawyer and you must study closely the subtle differences between what South Carolina divorce law characterizes as: To the extent to which various assets are determined to be marital or separate property, the division of marital property could be radically shifted in your favor or against you. Your Charleston divorce judge will decide how to divide the marital property after considering a long list of statutory factors that include adultery, length of the marriage, the contribution of each spouse to the acquisition of the asset including the contributions of the wife as a homemaker , health of the parties, and other considerations.
This statement is true and false. You have the right under South Carolina divorce law to represent yourself in your divorce case.
However, I would not recommend it.