When people talk about divorce, one reason they often mention is adultery. In South Carolina, adultery is a legal reason a person can use to ask for a divorce. The law says that adultery happens when a married person has a sexual relationship with someone who is not their husband or wife. Even if it only happens once, that one act can still count as adultery.
South Carolina is different from some other states because it takes fault-based divorce seriously. That means if one spouse did something like commit adultery, it can have a big impact on how the divorce goes. The court will listen closely to the facts and the proof of what happened.
How Adultery Can Speed Up the Divorce Process
In South Carolina, couples usually have to live apart for one full year before they can get a divorce if they do not have a fault-based reason. But if adultery is proven, the couple does not have to wait that long. Adultery is one of the few reasons the court allows for a quicker divorce, and this can make a big difference for someone who wants to move on with their life.
This is why many people want to show that adultery happened. If the judge agrees that it did, the person asking for the divorce may not have to wait a whole year. The court can end the marriage much sooner, sometimes in just a few months.
What Kind of Proof is Needed
The court will not grant a divorce just because someone says their spouse cheated. There needs to be clear proof. This does not mean there has to be a photo or video, but the judge needs to see enough facts to believe it happened. Often, people show things like text messages, hotel records, photos, or witness testimony.
Usually, there must be two things shown. First, that the spouse had the chance to be alone with the other person. Second, that there was a reason to believe something sexual happened. Even if someone did not see the act itself, the court may still agree if the evidence is strong enough. The person asking for the divorce must make a clear case, but they do not have to prove it beyond all doubt.
Adultery and Alimony Decisions
One of the biggest ways adultery can affect a divorce in South Carolina is in alimony. Alimony is money one spouse pays the other after the divorce. The law in South Carolina is strict on this. If someone commits adultery before the divorce is filed or before the couple signs a written separation agreement, that person cannot get alimony.
This means that even if the cheating spouse would normally get alimony, they will lose that right if the court finds out about the adultery. On the other hand, if the spouse who did not cheat is the one who might have to pay, they may not have to anymore. This can save that person a lot of money over time.
But timing matters a lot. If the couple already filed for divorce or signed a written separation agreement before the cheating happened, the law may not stop the alimony. That’s why it is very important to talk to a lawyer quickly if adultery is suspected.
How Adultery Affects Property and Custody
Adultery may also affect how the court decides to divide the couple’s property. Property division in South Carolina is based on fairness, not always on a 50-50 split. If one spouse used money on the person they were cheating with, or if their actions caused harm to the marriage, the court may give the other spouse more of the assets.
For example, if a cheating spouse spent thousands of dollars on gifts or trips for their new partner, the judge may try to make that up by giving the other spouse more of the shared property. The court wants to be fair, and that includes making sure a person is not left with less because of someone else’s choices.
As for child custody, adultery alone does not mean someone will lose custody of their kids. The court mainly looks at what is best for the child. But if the cheating parent exposed the child to unsafe situations or brought the affair into the home while the kids were present, that could hurt their chances. Judges want to protect children, so the way a parent behaves matters a lot.
Can Adultery Be Forgiven
Sometimes, people find out their spouse cheated but then try to fix the marriage. If they forgive the cheating and continue the relationship, they may not be able to use adultery as the reason for divorce later. This is called condonation. If the court sees that both people lived together and acted like a married couple after the adultery happened, it may say the adultery was forgiven.
This does not mean a person cannot still get a divorce, but they may have to use a different reason, like living apart for one year. It also might mean the cheating does not affect things like alimony or property division anymore.
How Adultery Impacts Emotions and Legal Choices
For many people, adultery brings a lot of pain and confusion. It can feel like a betrayal and make it hard to think clearly. But when it comes to divorce, it is important to focus on facts, not just feelings. What matters most is how the law sees the situation.
Talking to a lawyer early can help people understand their choices. A lawyer can help gather the right proof, explain the steps of divorce, and help someone protect their rights. South Carolina law is clear, but every case is different. A person dealing with this should not try to go through it alone.
Adultery and Your Next Steps
If you think your spouse is cheating, or if you were accused of adultery, now is the time to act. Adultery is not just a personal issue. It can change how your divorce works, how fast it moves, and what you may or may not receive after the marriage ends. Do not wait to ask questions or look for answers. Timing can make all the difference.
At McCutchen Vaught Geddie & Hucks, P.A., we understand how hard this time can be. You do not have to go through this process by yourself. If you are thinking about divorce or already facing it, call us today. Let our team help you find the right path forward.