Legal Question in Family Law in South Carolina
Is dating while married without sex considered adultery?
I have been separated from my spouse for five months. This was an abusive relationship. I have an order of protection. I have been seeing someone for a month. My husband has filed for divorce on grounds for adultery and is asking for full or joint custody of my children. He says has had a private investigator watching me. Can this affect custody of my children? Please give advice.
1 Answer from Attorneys
Re: Is dating while married without sex considered adultery?
If you are still married, you can commit adultery and it can affect custody of your children. He doesn't have to prove that you had sex in order to pursue the adultery allegations, only that you had inclination and opportunity to do so.
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
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