Can my husband claim adultery if I go out on a date if the divorce is not final?

Full question:

I am currently in the middle of a divorce where I, the plantiff, filed it under the grounds of physical abuse. A temporary order has been made and is awaiting a final court date. Until the final court date, can my husband claim adultery if I go out on a date or have company over at my apartment? Can this be considered as adultery even if the grounds for the divorce was physical abuse initially?

  • Category: Divorce
  • Date:
  • State: National

Answer:

Until a person is officially divorced, an sexual relations outside the marriage may be considered adultery, which may be considered marital misconduct in terms of alimony. It is also a crime under SC statutes.

The following is a SC statute:

SECTION 16-15-60. Adultery or fornication. [SC ST SEC 16-15-60]

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To prove cheating in a divorce, you typically need evidence that demonstrates infidelity. This can include photographs, text messages, emails, or witness testimonies. In some cases, private investigators may be hired to gather evidence. The proof must show that your spouse engaged in a sexual relationship outside of the marriage. Keep in mind that the standard for evidence can vary by state, so consult with a legal professional for guidance specific to your situation.