Legal Question in Family Law in South Carolina
A female friend's husband had an affair 2 yrs ago while she was pregnant...she is now at the point where she is going to move out and on with her life...legal seperation/divorce (South Carolina), She doesn't want alimony only child support for the 4 and 2 yr old sons. My question is this....if she move's out and begins the seperation/divorce process, is it legally ok for her to begin dating? Does she risk losing custody of her kids? They've seen marriage counseler's....dealt with the issues and she's ready to move on.....he is somewhat abusive physically and a control freak so she's definitely leaving, but concerned that him manipulating the courts or getting custody. Ive read that techically she would be committing adultery....but that alone may not impact her divorce or custody???? Would like some legal help....statistics or just experiential advise please!!!!
1 Answer from Attorneys
If she commits adultery before they are divorced, then it could cause huge problems for her. It sounds as though his adultery was forgiven by her, at least in the legal sense, so she would be giving him a lot of ammunition to use against her if she starts dating.
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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