Adultery Divorce Attorneys in Rock Hill, SC
Ready to Fight on Your Legal Behalf
The end of a marriage is always difficult. When one spouse has broken the vow to be faithful, the end can be especially painful and tense for everyone involved. While one of the more heated scenarios, an adultery divorce does not need to derail your entire life. With the help of experienced adultery divorce attorneys in Rock Hill, SC, navigating this complex legal matter may be possible. From how adultery impacts alimony to what your options are as an unfaithful spouse, there are many legal aspects to consider with the help of adultery divorce attorneys on your side. A divorce caused by adultery can be emotionally tense, which makes it impossible to keep a level head. When emotions run high, working closely with a lawyer experienced in this type of case can help clients get through the process with less stress.
What are the Grounds for Divorce in South Carolina?
Before seeking a divorce in South Carolina, the reason for the divorce needs to be established with the courts. South Carolina is a no-fault state, which means that a spouse may file for divorce, citing irreconcilable differences rather than assigning blame for the failure of the marriage. In an at-fault divorce, one spouse accuses the other spouse of being to blame. South Carolina law allows for at-fault divorces for the following reasons: adultery, habitual drunkenness, cruelty (including domestic violence), and abandonment or desertion. When facing an at-fault divorce, seeking legal assistance from an experienced divorce lawyer may make all the difference. Divorce is a complex legal matter with a lot at stake, including child custody, child support, division of property and assets, and more, which is why speaking to an attorney should be the first step in any divorce case.
What is Adultery in South Carolina?
Under South Carolina law, adultery occurs when someone who is married engages in sexual intercourse or sexual acts with someone other than their legal spouse. Adultery may be defined as living with and engaging in sexual intercourse with someone other than your spouse, but it can also be applied to couples having extramarital affairs but not living together under the same roof. Adultery is often an act that impacts the entire marriage and the type of divorce proceedings to expect when seeking a dissolution of marriage. During this troubling period, it is important to seek experienced legal counsel on the specifics of a divorce case based on adultery claims. Since adultery is a legal blame being placed on one spouse by the other spouse, there is bound to be tension. Divorce lawyers are well-versed in handling the arising tensions while offering guidance on the legal steps.
Does Adultery Impact Alimony?
There are a few ways adultery affects divorce cases. It is important to keep in mind that adultery will play a role in the alimony outcome of any divorce. For example, if the adulterous spouse was habitually unfaithful and routinely committed adultery during the marriage, they may be ordered to pay additional spousal support or alimony following the divorce. In reverse, the adulterous spouse will not be granted alimony if the judge finds the adultery claims to be valid. South Carolina is one of the many states where a couple must file a legal separation if they intend to date or engage in sexual intercourse during a separation of marriage. Without such an agreement in place, both parties would be committing adultery and having an extramarital affair in this scenario, which could impact alimony or spousal support as well. While it will likely not impact child support, the marital misconduct of adultery may impact child custody. If you are unsure about how an adultery claim may impact alimony or spousal support, speaking with family law attorneys is a smart move.
How is an Adultery Divorce Different?
An adultery divorce may be more tense compared to a no-fault divorce when dealing with matters like child custody, post-separation support, division of marital assets, and more. When one spouse cheats on the other spouse, there are bound to be hurt feelings and lasting wounds by the betrayal. Aside from the heightened emotional aspects, there will also be painful questions about the marital misconduct as part of the divorce process. If the cheating spouse having an extramarital affair used marital funds on the affair, or the affair took place in the marital home or marital property for vacationing, the judge will consider this when determining what is fair and equitable to both parties involved in the divorce. The judge will also consider all of the details of the affair itself to determine if the way the affair was conducted falls under cruelty. Cruelty could mean that the cheating spouse who committed adultery intended to humiliate the other spouse through the way the affair took place. With something as complex as extramarital affairs and proving a spouse cheated, it is best to speak with an experienced family law attorney for further counsel.
Find Experienced Legal Counsel Today
Divorce is a complex and emotional time in a person’s life. With the help of experienced adultery divorce lawyers, you do not need to face this legal matter on your own. Whether you are accused of being unfaithful, or you are the victim of an adulterer, we are here to help during this difficult phase of life. From compiling the details of the case to answering your legal questions, your legal team is ready to work on your behalf to find the right solution. Contact our law offices at 803-324-9009 today to get started on your divorce case.