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is dating adultery during a divorce in South Carolina

Is Dating During Divorce Considered Adultery in South Carolina?

Going through a divorce is often an emotionally charged process. For many, moving on and starting to date someone new can seem like a natural step. But in South Carolina, the implications of dating during a divorce could be significant, especially when it comes to the legal and financial aspects of your case.

South Carolina's Stance on Adultery

South Carolina is one of the few states that still recognizes fault-based divorce, which means that misconduct, such as adultery, can impact the outcome of a divorce. Under South Carolina law, adultery is defined as sexual intercourse between a married person and someone who is not their spouse. While emotional infidelity can be damaging to a marriage, it is not considered "adultery" unless it involves a physical relationship.

Dating and Adultery: What's the Connection?

The tricky part comes when you start dating during the divorce process. Even though you may feel like your marriage is over once you file for divorce, the legal system doesn't see it that way. Until a divorce is finalized, you are still legally married. This means that if you begin a new romantic relationship that becomes sexual, it could be considered adultery under South Carolina law.

Why It Matters

Adultery can have serious consequences in a South Carolina divorce. Here’s how it might affect your case:

Alimony: If the court finds that one spouse committed adultery, that spouse may be barred from receiving alimony. This is a significant factor, as alimony is intended to support the lower-earning spouse post-divorce. Proving adultery could mean the difference between receiving or being denied financial support.
Division of Assets: While South Carolina follows an equitable distribution model for dividing marital assets, adultery could still influence how assets are distributed. The court may weigh misconduct like adultery when determining how to split assets, particularly if the adultery led to financial strain on the marriage.
Emotional Impact on Children: If children are involved, dating during a divorce could complicate child custody and visitation arrangements. Courts prioritize the best interests of the child, and introducing a new partner into the mix might raise concerns about the child's emotional stability and well-being.

Proving Adultery in South Carolina

For adultery to affect your divorce case, it must be proven. South Carolina law requires more than just suspicion—there needs to be evidence, such as witness testimony, photos, or other proof that sexual misconduct occurred. The standard of proof is typically "clear and convincing evidence," meaning it must be more than just speculation.

What Should You Do?

If you’re considering dating while your divorce is ongoing, it’s essential to weigh the potential legal consequences. Consulting with an experienced family law attorney like the team at Fender Law can help you understand your rights and avoid pitfalls that could negatively impact your case.

Conclusion

In South Carolina, dating during a divorce can be considered adultery if it involves a sexual relationship, and this can have significant consequences on your divorce proceedings. Before making any decisions, it’s crucial to consult with a legal expert to protect your interests. At Fender Law, we are here to guide you through every step of the divorce process and ensure you’re fully informed about the legal implications of your actions.

For more information or to schedule a consultation, contact us today at Fender Law Firm.

What Age Can a Child Decide Which Parent to Live With in SC?

Child Support / Custody

When setting up your child custody plan after a divorce or a breakup, the court system will always take into account the child's best interests. Depending on how old the child is, the court system may also consider what your child wants. If your child is insistent that they live with one parent, or that they do not want to live with one of their parents, the judge presiding over your case may take their preferences into consideration.

Tips for Navigating a Divorce from Someone with Mental Illness

Mental Illness

Ending your marriage is not a decision you will make lightly. When your spouse is suffering from severe mental illness, choosing to move forward with a divorce can unleash a plethora of feelings. In some ways, you may be feeling relieved that you can finally start to move forward with your life. In other ways, you may feel guilty, as though you are betraying your spouse in their greatest time of need.

However, you must always make decisions that are not only in your best interest but that of your children as well. Sharing your life with someone who has a mental illness is not easy, and if they have become particularly contentious or disruptive, divorce may be the best decision you make for your family. Working with a compassionate Beaufort divorce lawyer from Fender Law Firm could be the best way for you to proceed with your divorce while protecting yourself from being taken advantage of.

Top Tips for Divorcing Someone Who is Mentally Ill

Divorce involving mental illness can be particularly stressful and sensitive. Not only do you need to look out for yourself and your children, especially as you navigate child custody, but you are also likely concerned about how the divorce will affect your soon-to-be ex. Here are some tips that can help you get through this difficult time in your life:

Educate and Inform Yourself

If you haven't already, now is a good time to learn more about your spouse’s mental health issues. It is important to understand the symptoms of their condition so you are not caught off guard when their actions and behaviors come up throughout your divorce proceedings. When you know what to expect, you may be able to reduce your own anxiety leading up to mediation sessions, court hearings, or your trial date.

Take Care of Your Safety

If your spouse's mental illness could put you or your children in jeopardy, you need to keep yourselves safe. If you have not already changed the locks on your home, now may be a good time to do so, particularly if your spouse has shown signs of aggression or violence. You may even need to work with your family law attorney to take out a restraining order against them.

Consider Your Grounds for Divorce

South Carolina is one of a handful of states that allows for fault-based divorces. Although you can file for divorce with no-fault grounds, fault-based divorces give you an edge, particularly when you are seeking alimony or a larger portion of your marital assets, as South Carolina is an equitable distribution state per South Carolina Code Section 20-3-620.

Trust in the Professionals

Consider working with a psychologist, mental health counselor, or therapist. You may want to get your children into therapy as well to help them cope with their emotions, manage stress, and get through these challenging times.

Envision a Brighter Future

Although divorce is not easy, it is important to think about the bright future your family can look forward to. Work with your children to set realistic goals and focus on the excitement of your new tomorrow instead of dwelling on the past.

Protect Your Children

Remain keenly aware of how your child will be affected by their other parent’s mental illness. Not only do you need to keep your children safe physically, but it is important to be aware of how your child's mental health will be affected.

Create a Healthy Lifestyle

Try to do something by yourself or with your children every day that brings you joy. Start to create a healthy lifestyle by enjoying meals together, taking walks, or even doing something as simple as making your beds when you get up in the morning. If you prioritize healthy living, it will give both you and your children something else to focus on while you navigate the divorce process.

Keep an Eye on Your Spouse’s Mental Health

Just because you and your spouse are divorcing does not mean that you do not care about them anymore. After all, at one point, your spouse was likely the most important person in your life. Although their mental health issues may have driven you to divorce, it is important to remain informed about their condition as it progresses as well.

Prepare for the Emotional and Mental Impact

Your spouse's mental health issues may have led to divorce, so you already know how physically and emotionally draining they can be. However, during the divorce process, things may intensify. Be prepared to remain calm wherever possible and avoid engaging in instigatory behavior.

Do Not Be Afraid to Accept Help

When your friends and family rally around you, do not be afraid to accept their help. Lean on them for emotional support throughout and after the divorce.

Learn About How a Guardian Ad Litem Works

During complex divorce cases, the family courts may find it appropriate to appoint a guardian ad litem per

South Carolina Code Section 63-3-810. If your spouse's mental illness has made it difficult or impossible for them to advocate for their own rights, the guardian ad litem will ensure your spouse's interests are protected.

Hire a Strategic Divorce Lawyer in South Carolina

The legal system is notoriously complex. Divorce involving mental illness raises concerns beyond the simple division of marital property and alimony. With this additional complication, it is almost always in your best interest to work with a skilled family law attorney who can help you protect your rights and cope with your spouse's erratic behavior throughout the divorce process.

Turn to a Reputable and Compassionate South Carolina Divorce Lawyer for Help Today

These are only a few tips that may help you get through one of the most difficult times in your life. The end of your marriage may leave you feeling exhausted and overwhelmed, but hopeful for the future. Now is your opportunity to focus on yourself and your family instead of being held back by your spouse's mental illness and refusal to get the help they need.

Consult a dedicated South Carolina divorce attorney from Fender Law Firm to discuss your next steps. Fill out our confidential contact form or call us to schedule your initial case evaluation as soon as today.

What to Do When Your Spouse is Delaying the Divorce Process in South Carolina

Divorce Process

Fender Law, a premier Family Law firm based in Beaufort, excels in offering specialized legal
support for divorce proceedings. If you find yourself in a predicament where your spouse is
purposefully prolonging the divorce process, our skilled team at Fender Law is well-equipped to
steer you through the intricacies, ensuring a smooth journey towards a resolution.
What Happens During a Divorce Proceeding in South Carolina?

In South Carolina, as in many other states, the divorce process encompasses several critical steps
and factors. Below is a refined overview of the typical proceedings in a South Carolina divorce:

Filing the Complaint: The divorce process usually begins with one spouse (the plaintiff)
filing a complaint for divorce with the family court in the county where either spouse
resides. The complaint outlines the grounds for divorce, which can include no-fault
grounds like living separate and apart without cohabitation for a certain period of time, or
fault grounds such as adultery, physical cruelty, habitual drunkenness, or desertion.
Serving the Complaint: After filing, the plaintiff must serve the complaint and summons
to the other spouse (the defendant). This can be done by a process server or through
certified mail with return receipt requested.
Response: The defendant has a certain period of time to respond to the complaint, either
by filing an answer admitting or denying the allegations, or by filing a counterclaim with
their own requests or defenses.
Temporary Orders: In some cases, either spouse may request temporary orders for child
custody, child support, alimony, or use of property during the divorce process. These
orders remain in effect until the final divorce decree is issued.
Discovery: Both parties exchange information and documents relevant to the divorce
through a process known as discovery. This may include financial documents, property
deeds, tax returns, and other evidence.
Settlement Negotiations: Parties may attempt to reach an agreement on issues such as
property division, child custody, visitation, and support through negotiation or mediation.
Trial: If the parties are unable to reach a settlement, the case may proceed to trial. During
the trial, both parties present evidence and arguments, and the judge makes decisions on
contested issues based on the evidence presented and applicable law.
Final Decree: Once all issues are resolved, either through settlement or trial, the court
issues a final decree of divorce. This document officially terminates the marriage and
outlines the terms of the divorce, including custody, support, and property division.
Post-Divorce Matters: After the divorce is finalized, parties may need to address post-
divorce matters such as compliance with court orders, modification of custody or support
orders, or enforcement of the divorce decree.

Reasons Your Spouse May Attempt Delaying Divorce

Understanding the motivations behind postponing a divorce can help in resolving conflicts:

Mental and Emotional Impact: Often, delays arise from an emotional strategy aimed at
inflicting distress upon the other spouse.
Public Perception Management: Some individuals postpone their divorce to shape how
the public views the situation or to shift blame away from their own actions.
Resistance to Change: The fear of facing new life challenges, such as relocating or
adapting to altered financial realities, can cause individuals to stall the process.
Decision-making Paralysis: The inability to make definitive choices can significantly
extend the duration of the proceedings.
The Consequences of Postponing Divorce
Deliberate postponement of divorce proceedings can lead to several adverse outcomes:
Mental Health Deterioration: Extended divorce processes can intensify existing mental
health conditions.
Economic Difficulties: The financial burden of divorce tends to escalate with time.
Relationship Tensions: Procrastinating on divorce can worsen relationships with the
former spouse and others.
Obstructed Emotional Recovery: The absence of closure hampers both individuals'
ability to move on.
Additional Legal Actions for Continuing the Divorce
Legal measures, including sanctions or setting a trial date, can motivate progress in the divorce
process.
Fender Law Offers Consultations for Divorce Cases
At Fender Law, we understand the challenges of divorce proceedings and are committed to
providing effective legal representation. If your spouse is intentionally delaying the process, our
team is here to assist you in achieving a resolution. Contact us today to schedule a consultation.

How Divorce Proceedings Work in South Carolina

Uncategorized

If you find yourself in a predicament where your spouse is
purposefully prolonging the divorce process, our skilled team at Fender Law is well-equipped to
steer you through the intricacies, ensuring a smooth journey towards a resolution.

Navigating Student Loan Debt in a South Carolina Divorce: Your Responsibilities Unveiled

Student Loan Debt

Divorce is a complex and emotional process, and matters become even more intricate regarding financial obligations. One such concern often arises is the responsibility for student loan debt. In the state of South Carolina, understanding the nuances of this issue is crucial for individuals going through a divorce. In this blog post, we'll delve into whether you are responsible for your ex-spouse's student loan debt in a South Carolina divorce.

Understanding Marital Property in South Carolina:

South Carolina operates under an equitable distribution system when dividing marital assets and debts during a divorce. Equitable distribution does not necessarily mean an equal 50-50 split but aims to achieve a fair and just division based on various factors.

Is Student Loan Debt Considered Marital Debt?

Whether student loan debt is classified as marital debt depends on when the loans were incurred. If the loans were taken out during the marriage, they are generally considered marital debt. However, if the loans were acquired before the marriage or after the separation, they may be treated as separate debt.

Factors Affecting Debt Division in a Divorce:

When dividing marital debt, the court considers several factors to ensure an equitable distribution. Some of these factors include:

Duration of the Marriage: The length of the marriage plays a role in determining the financial interdependence of the spouses.
Contributions to the Marriage: Financial and non-financial Contributions are assessed. This includes factors such as homemaking, childcare, and career sacrifices.
Earning Capacities: The court evaluates the earning capacities of each spouse, taking into account their current and future financial situations.
Custody Arrangements: Custody arrangements may impact the division of assets and debts if children are involved.
Fault in the Marriage Breakdown: While South Carolina is a no-fault divorce state, the court may consider any misconduct that led to the marriage breakdown when making financial decisions.

Protecting Yourself:

If you're concerned about being held responsible for your ex-spouse's student loan debt, taking proactive steps is essential. This may involve:

Detailed Financial Disclosure: Ensure that all financial assets and debts are accurately disclosed during divorce proceedings.
Legal Counsel: Seek the guidance of an experienced family law attorney who can advocate for your interests and help you navigate the complexities of asset and debt division.
Prenuptial or Postnuptial Agreement: Having a legally binding agreement in place before or during the marriage can provide clarity on financial responsibilities in the event of a divorce.

Contact our Family Law Firm Today for Guidance

In a South Carolina divorce, the division of student loan debt depends on various factors, and each case is unique. Seeking professional legal advice is crucial to understanding your rights and responsibilities. As you navigate the complexities of divorce, Fender Law is here to provide the expertise and guidance you need for a fair and just resolution.

How is a Military Pension Divided in South Carolina

Military Divorce

Dividing a military pension in a divorce can be a complex and often contentious issue. It is essential to seek professional legal advice from an experienced divorce attorney who is knowledgeable about both South Carolina divorce laws and federal military laws. At Fender Law Firm, we have helped numerous clients navigate the complexities of dividing a military pension in a divorce.

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Tax Considerations That Can Impact a High Net-Worth Divorce

Complex Divorce / Divorce

f you are going through a high net-worth divorce, it is crucial to partner with an experienced family law attorney who can help you understand the legal issues you will need to address and the potential tax ramifications of divorce-related decisions.

Dos and Don’ts for the Alimony Payor in South Carolina

Child Support / Custody

If you are facing alimony payments as a result of your recent divorce, you likely have many questions about how to handle the proceedings as the alimony payor. You might also want to know how the court determines the amount you’ll be paying and how long you have to support your ex-spouse.

Tips for Dealing With Common Child Custody Issues During the Holidays

Child Support

The “most wonderful time of year” for recently divorced parents can seem like the most stressful time of year. Navigating many family changes, complex custody schedules, and confusing emotions, the holiday season can be downright dreaded for some recent divorcees. While navigating this time of year can feel overwhelming, remember that you are not alone, as many parents have been in your shoes.