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.