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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:

  1. 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.
  2. 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.
  3. 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.

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Navigating the intricate labyrinth of emotions and legal complexities when contemplating a divorce can feel overwhelming and daunting. In such a pivotal moment, seeking clarity and guidance becomes essential to make informed decisions that will shape the course of your life. This blog post acts as a compass in those uncharted waters, offering insightful advice and practical steps to take if you find yourself at the crossroads of considering a divorce. Whether you're grappling with uncertainty or ready to take the next steps, understanding the upcoming process and potential challenges can empower you to embark on this journey with confidence and a clear sense of direction.

PLAY TO YOUR AUDIENCE. 

When it comes to making an impression, focus solely on one person: the judge. Evaluate your actions by considering how the judge will perceive them. If you believe your behavior might offend or irritate the judge, it's best to avoid it. Since self-assessment can be biased, it's crucial to engage a knowledgeable lawyer who understands the judge and possesses sound judgement. 

CONTROL YOUR EMOTIONS

Avoid sending text messages, emails, or Facebook posts while feeling angry. Your spouse may exploit them if given the chance. Keep in mind that the judge might come across your enraged text or incriminating social media post. Ensure that whatever you write or say will not offend the judge or be something you'd regret seeing on the front page of the newspaper.

TURN DOWN THE VOLUME. 

Just before a divorce begins, it is common for individuals to experience fear and vulnerability. Consequently, some may resort to making threats or engaging in disruptive behavior. It is crucial to refrain from such actions and avoid responding to them. Instead, if your spouse behaves inappropriately, consider contacting the police or pursuing an order of protection, which can be obtained without filing for divorce. Throughout this challenging period, especially if you have children, strive to maintain a sense of normalcy.

DON'T HIT THE PANIC BUTTON.

Avoid engaging in financial misconduct or attempting to conceal assets. It is probable that your spouse's attorney will discover such actions. Moreover, engaging in such behavior may backfire and result in the judge lacking trust in you. If you have concerns about your spouse's potential financial actions, we urge you to contact us promptly. We can initiate legal measures to safeguard your interests through court orders.

WATCH YOUR BACK. 

While it's important not to be overly suspicious, some individuals may monitor their spouse's movements through GPS or even spy on their computer using spyware. To address this issue, consider changing all your passwords and ensuring that your spouse is not associated with any of your cell phone accounts. If you still have concerns, exercise caution and reach out to us. We can take appropriate action to address this behavior once you have filed a case.

TAKE CARE OF YOURSELF. 

Divorce can be a highly stressful experience, impacting even the strongest individuals. To preserve your emotional well-being during this challenging period, it is important to prioritize self-care. This includes maintaining a balanced diet, ensuring sufficient sleep, engaging in regular exercise, and avoiding excessive alcohol consumption. It may also be beneficial to seek guidance from a clergyman or therapist to gain perspective and support. Remember, this difficult phase will pass. Although you may currently feel overwhelmed and uncertain, your life will gradually improve. It is during the darkest moments that the dawn draws near. Many people not only survive divorce but thrive in their new lives. And so can you!

Consider these tips if you expect a divorce in the near future: 

AVOID NEW FINANCIAL OBLIGATIONS. 

It is advisable to refrain from making significant purchases or taking on new financial obligations during this period. It is prudent to minimize new debt and maintain low credit card balances while prioritizing liquidity. If you do not have personal credit, consider applying for a credit card and include your spouse's income in the application.

DON'T QUIT YOUR JOB! 

Sometimes individuals believe that quitting their job will give them a tactical advantage. However, if your judge suspects any financial manipulation, this strategy will likely have adverse consequences. It is advisable to maintain your current employment status unless you have a valid and compelling reason to pursue a job change.

GET A CHECKUP. 

This is an opportune moment to assess for any underlying health issues. If you rely on your spouse's health insurance, it is advisable to seek treatment while still covered under their plan.

KEEP YOUR EYES OPEN. 

If you are unsure about your family's financial situation, it would be beneficial to investigate. Obtaining copies of tax returns or other significant documents will greatly assist us in commencing the process. However, if you encounter difficulties in acquiring this information, rest assured that we will be able to obtain the necessary records during the discovery process of the case. 

USE A JOURNAL.

 Document crucial conversations or information as a point of reference for future use. This becomes especially vital in the event of custody disputes. Safeguard the journal in a secure location to prevent your spouse from gaining access.

RUN A CREDIT REPORT ON YOURSELF.

 Ensure you monitor your credit to avoid any unexpected debts that may have slipped under your radar.

BE CAREFULL RECORDING CONVERSATIONS. 

Recording conversations is legal in South Carolina, but it may be illegal in other states. Check your state law before doing so.

STOP USING SOCIAL MEDIA. 

Refrain from sharing anything on Facebook, Twitter, TikTok, Instagram, or any other social media platform that may potentially have negative consequences in the future. Although it is legally prohibited to delete information in anticipation of a divorce filing, it is advisable and permissible to deactivate your account.

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