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Navigating an Uncontested Divorce Due to Adultery: A Step-by-Step Guide

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If your spouse committed adultery and you want to end the marriage, you can file for a fault-based divorce due to adultery. The benefit of using this reason for divorce is that you can file faster than usual, as you won’t have to live separately for 12 months like in a no-fault divorce.

As long as you can both agree to the terms of your divorce, it will be uncontested. This tends to be the fastest, most straightforward type of divorce, but you will still need a family law attorney to guide you through the process. Get to know the steps of an uncontested divorce due to adultery, and then contact a South Carolina law firm for legal advice on your case.

Do You Qualify for an Uncontested Divorce?

If you and your spouse can agree on how to handle all family law matters, you will end up with an uncontested divorce. This is ideal because this type of divorce is faster than a contested divorce, and it allows you and your spouse to negotiate terms outside of the courtroom rather than facing each other at trial. You’ll need to agree on the following terms:

  • Property division
  • Alimony
  • Child custody
  • Visitation
  • Child support

You must complete and submit the proper paperwork to the court to show you agree on these family law matters. Your divorce lawyer will guide you through this process to ensure you address all the necessary details. At that point, the judge will review your terms to ensure they’re fair to both parties.

How Can You Prove Adultery?

If you choose to pursue a fault-based divorce, it’s up to you to prove the reason behind it. This means you must present proof that your spouse committed adultery during your marriage. There are a few ways to do this in family court.

One is to show that your spouse has the inclination for infidelity, meaning they have displayed a desire to engage in an affair with someone. Evidence of this can include inappropriate texts or photos of your spouse holding hands with someone else.

You should also be able to prove that your spouse had the opportunity to commit adultery. You can do this by presenting hotel receipts or a video of your spouse entering someone else’s home at night and leaving the following day.

Once you have this type of evidence, you may be expected to have a witness testify that they also saw evidence of infidelity. Your divorce lawyer will assist you with gathering evidence and identifying witnesses to ensure you can prove that adultery led to your divorce.

What Legal Steps Do You Need to Take?

If you’re confident that you and your spouse can agree on the divorce terms and you have evidence of infidelity, you can take the first step toward filing for an uncontested divorce due to adultery. This involves completing a petition for divorce at the family court in the county where you and your spouse live. When you file, you will state your grounds for divorce, evidence of adultery, and how you plan to handle the division of assets, child custody, and other issues.

Next, you need to serve your spouse with the divorce papers. You can send them by certified mail, deliver them yourself, or ask the sheriff’s office to deliver them. This gives your spouse a chance to respond to the request for divorce. If they agree to the divorce terms or don’t respond within 35 days, you can proceed with an uncontested divorce.

At that point, your lawyer can request a hearing. Once you get a notice of an upcoming hearing with the family court, you’ll need to notify your spouse. During the hearing, the judge will ask you questions about your marriage and ensure you agree to the divorce terms. If this goes smoothly, you’ll be granted a divorce.

If you’re ready to start your divorce case, contact The Howze Law Firm LLC at 803-266-1812. Our South Carolina divorce attorneys have successfully handled numerous family law cases and are ready to guide you through this process so you can get a fresh start.


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