Legal Question in Family Law in South Carolina
Adultry
I am currently going through a divorce. I have been seperated from my wife for about 3 months now and am seeing someone. My new relationship just started about 1 month or so ago and now my wife says she is getting me for Adultry. I have read that if I reconcile with her and let her move back in does this consitiute cohabitation thus causing her to loose footing on the adultry claim as forgiveness. She said she has proof and I have been served with papers from her lawyer but she keeps wanting me to admit to the relationship. Should I beg her to come back in order to use cohabitation as a leg to stand on or should I call her bluff and just take my chances and risk the chance of her really having proof? With that, does she have to show her proof before we go to court?
1 Answer from Attorneys
Re: Adultry
You can use reconciliation as a defense only if she moves back in and you resume your marital relationship with the intention of staying together. If she finds out that you manipulated the reconciliation as a sham to try to avoid the adultery, it is very likely that the Court will not be pleased with your conduct.
These are complex issues, and it is important that they be handled correctly. You need to stop trying to think up schemes like this and instead meet with 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
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