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Can my husband claim adultery if I date during divorce proceedings?

Can my husband claim adultery if I date during divorce proceedings?

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: 04/07/2025
State: National

Answer:

Until you are officially divorced, any sexual relations outside the marriage may be considered adultery. This can be seen as marital misconduct, which might affect alimony decisions. Additionally, in South Carolina, adultery is a criminal offense. Under South Carolina law (SC Stat. § 16-15-60), both men and women can be charged with adultery, which can lead to fines or imprisonment.

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

What kind of proof do you need for cheating in a divorce?

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.

Does the court fill out the final decree of divorce?

Yes, the court will finalize the divorce by issuing a final decree. This document outlines the terms of the divorce, including asset division, child custody, and support obligations. It is important to ensure that all relevant issues are addressed in the decree. If you have specific requests or concerns, it's advisable to discuss them with your attorney before the final hearing.

Are restraining orders common in divorce?

Restraining orders can be common in divorce cases, especially if there are allegations of abuse or threats. They are designed to protect one spouse from the other and can restrict contact or require one party to leave a shared residence. If you feel unsafe, it's important to seek legal advice on how to obtain a restraining order and what evidence you may need to support your request.

Should I get a restraining order on my ex?

If you feel threatened or unsafe due to your ex's behavior, obtaining a restraining order may be a wise decision. This legal order can provide protection by prohibiting your ex from contacting you or coming near you. It's essential to document any incidents that make you feel unsafe and consult with a legal professional to understand the process and requirements for obtaining a restraining order.

What does filed mean in a divorce case?

In a divorce case, 'filed' refers to the formal submission of legal documents to the court. This typically includes the divorce petition and any related paperwork. Filing officially begins the legal process of divorce, and it is essential for establishing a timeline and legal rights during the proceedings. Once filed, the court will schedule hearings and manage the case until resolution.

What is a protective order in divorce?

A protective order in divorce is a legal order issued by a court to protect one spouse from the other. It may restrict contact, require one party to leave a shared home, or impose other conditions to ensure safety. Protective orders are often sought in cases involving domestic violence or harassment. If you believe you need a protective order, consult with a legal professional to understand the process and requirements.