Legal Question in Family Law in South Carolina

Separation Agreement

If we have already completed a separation agreement in the courts, she has already waived alimony, and custody has been decided - are there any negative ramifications to having an ''at-fault'' divorce due to adultery just to get it over with? Adultery has been committed by both of us, but I would prefer to have her file against me just to keep our relations more amicable. Thanks!


Asked on 4/17/09, 1:32 pm

1 Answer from Attorneys

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

Re: Separation Agreement

Typically, if all of the child and financial issues have been resolved in a Decree of Separate Maintenance, then there is little to no risk of her filing a fault based divorce against you.

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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Answered on 4/20/09, 10:34 am


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