Legal Question in Family Law in South Carolina
adultery
my husband and i have been seperated for two months. we were in total agreement about getting a divorce. last week he went to meet a woman and told my kids about her. they know her name and everything. he drives big sleeper truck for a living. he's been out on the road all week. my son had to go pick him up from where he parks and the woman was in the truck with him. he took her to his mother's house where he is staying. could i use this as proof of adultery?
2 Answers from Attorneys
Re: adultery
The proof of adultery must be clear, and you cannot use a child to testify as to that (or any other issue) in Family Court. Usually, the best way to obtain proof of adultery is through the use of a qualified private investigator.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: adultery
In South Carolina, to prove adultery you don't have to prove that your spouse had intimate relations with someone else, you only have to prove that they were alone together in a place where they could have had intimate relations. It sounds like this would meet the requirements but you would need a witness to this conduct other than yourself.
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