Legal Question in Family Law in South Carolina
Divorce
I have been married for 8 yrs and my husband have been cheating. I found out about them all and one of the times a lady filed charges against me cause i kept answering his phone she stated i harassed her. I had to go to court but charges where dropped she had no evidence. Later he still keep cheating i have emails, phone bills, and him being online looking for women. I have calls from women that called his phone i forward them to my cell phone. we have one child which is 2yrs old. Which he cheated on me when i was pregnant and i was high risk at the time. He makes about 53,000.00 yr. I need to know will the information i provided hold up in court to prove that he cheated and what will i be allowed out this marriage. All we share is cars,furntiure and bank accounts at this time. I'm trying but I feel he wont change so why stay my child and myself deserve better. He is member of the US Army I know if i go thru them they will take his side i have seen it too many times.
1 Answer from Attorneys
Re: Divorce
In order to prove adultery, you have to show that he had (a) inclination and (b) opportunity to have sex with someone else. The items you mentioned show inclination, but you still have to show that he had the opportunity as well.
As for using a military attorney, the divorce would be addressed by the Family Court here in SC, and most military attorneys are not licensed to practice in SC and as such cannot advise you of the specifics of the law here in SC. Therefore, not only should you consult an independent attorney, you will probably end up having to do so anyway.
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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