Legal Question in Family Law in South Carolina
being evicted by husband
Iwrote before about my husband trying to have me evicted from our home. He is alleging an affair as his grounds for having me put out. My question is , is this legal or does he need proof? What kind of proof would he have to have, would people testifying to it be enough or would he need pictures? He has slso told me that he has to have me out of the house 5 days before the hearing to determine temporary custody of our 5 year old daughter. I've been a stay at home mom the whole 4 years we've been together and can't afford an attorney. He's already dropped a couple grand on his. We had an agreement that I would stay home till she started school which just happened in august. I have no means to move out right now and he could easily afford a place now. I don't want to keep the house, I just want a place to live with our daughter untill I can provide a place for us. Please help!
1 Answer from Attorneys
Re: being evicted by husband
Your husband must prove all allegations that he makes against you. To prove adultery, he must show (a) inclination and (b) opportunity for you to have had sex with someone else.
He is not required to get you out of the house before the temporary hearing since he has alleged a fault ground. That requirement generally only applies in a legal separation case where there is no fault alleged.
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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