Legal Question in Family Law in South Carolina

Re: Results of Adultry

Adultry by a spouse will bar the ability to obtain alimony from the other spouse. Adultry is a fault ground for divorce which can occur not earlier than 3 months after filing and service of the suit for divorce. Proof of Adulrty requires third party testimony as to the adultry. Neither of the spouses may alone testify to the adultry. Adultry may be proven by a third party if the spouse and paramour are seen in a place and under conditions which in themselves indicate that that is the only reason for the rendevous.

However, adultry may be considered but does not prevent the equitable distribution of marital property between the man and wife. Which is to say that the court determines what percentage of the total marital estate each spouse will get but adultry will not pervent the court from making an award of property in the split of marital property.

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