Legal Question in Family Law in South Carolina

First, if you have agreed to all terms and settled the issues of your marriage, I would make sure you get the agreement approved by the Court as soon as possible so that your spouse does not change her mind.

As to the suspicion of adultery, "a suspicion" is not enough for a divorce on the ground of adultery. She must prove that you had the inclination to commit adultery and the opportunity to commit adultery. Generally people use a private investigator to prove adultery. There is a conflict in SC case law as to whether adultery must be proven by "clear and convincing" or a "preponderance of the evidence." Whichever standard the judge uses, a suspicion of adultery alone is not enough to obtain the divorce on the ground of adultery. Your wife will need a witness and they will have to prove both "inclination" and "opportunity." If she is trying to get the proof that you are committing adultery you should keep an eye out for a private investigator following you. Please do not be in any situation that leaves you alone indside with a woman not related to you until your divorce is final.