Legal Question in Family Law in South Carolina

1. In South Carolina, can the plaintiff file for an "at-fault" divorce on the grounds of the plaintiff's own admission to adultery?

a. If so, does the plaintiff admit this in the complaint? And what would be the proper terminology to use in the complaint to admit this?

2. Can the plaintiff file in a county in SC that neither the plaintiff nor defendant live in?


Asked on 11/10/10, 12:16 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

A Plaintiff may not seek affirmative relief from his/her own misconduct, so no he/she could not seek a divorce based upon his/her own adulterous conduct. As to venue, the parties can agree to file in a County other than the one in which they reside.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 11/15/10, 5:21 pm


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