Legal Question in Family Law in South Carolina
Adultry
My husband is military and is talking to another girl from another state. He is talking to her til 1 in the morning on the phone and texting and emailing her all the time telling her that he misses her. Is this considered Adultry? I have heard that there is a homewrecker law that I can press charges against her for talking to my husband is this true?
1 Answer from Attorneys
Re: Adultry
In South Carolina, you must prove actual physical contact in order to get a divorce on adultery. Talking by phone or computer is not enough, by itself, though it can often lead to other proof that might be enough.
Also, South Carolina no longer recognizes a civil cause of action for alienation of affection, though a few other states (such as NC) still do. Therefore, you cannot sue the other woman here for breaking up your marriage.
There are several articles on my blog as to what specific elements are needed to prove adultery, and I suggest that you 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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