Legal Question in Family Law in South Carolina

If your husband filed for divorce on adultry, is there a defense you can use if you had not had sex with him for over a year. Also, while being under a temporary relief order (we are waiting on a divorce hearing) he signed up for a dating service and I have proof of it and proof he pays for the service and that he uses it can I use this is court. Also during the course of our seperation he had a major accident and I provided his sole care and have wittness to this from work and from his doctors. Will this help me when this comes to trial? I have proof that I asked for him to go to church counceling with me and try to work this out for sake of our daughter. He has me on adultry I did it and admitted it but there were circumstances. I spend the most amount of time with our daughter, he works late nights and will work on his day off instead of spending it with her, I have proof of this. However I pick her up everyday from daycare and can be with her more. Will any of this help in court? What should I do?


Asked on 12/16/10, 12:10 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Yes, all of those facts can (and probably should) be used in your case. However, without knowing ALL of the relevant facts of your case, it's very difficult to recommend what you should / shouldn't do. I will say that if you do not currently have an attorney, you certainly need to get one. If you are not satisfied with your attorney (which I infer from you posting this question here), you should consider getting one with whom you are satisfied and doing so a.s.a.p.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/21/10, 5:45 pm


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