US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can my husband be charged with adultry if we are still married and he is with someone else?

Can my husband be charged with adultry if we are still married and he is with someone else?

Q: Does my husband still have to pay the mortgage if he leaves?

Yes, your husband is still responsible for the mortgage payments even if he leaves the home. In South Carolina, both spouses are liable for joint debts, including the mortgage, until a court decides otherwise or the debt is refinanced. It's important to discuss financial arrangements during separation.

Q: What does my husband have to pay if he leaves?

If your husband leaves, he is still responsible for his share of joint debts, including the mortgage and any other financial obligations. Additionally, if you file for divorce, issues like spousal support and property division will be addressed by the court, which may require him to contribute to household expenses.

Q: Do I have to pay the mortgage if I leave my husband?

Yes, if you leave your husband and the mortgage is in both names, you are still responsible for the mortgage payments. In South Carolina, both spouses are liable for joint debts. If you leave, it’s important to discuss financial arrangements to avoid foreclosure.

Full question:

My husband left, thinking that was all that was needed for a 'legal separation'. I have not agreed to the separation and we have not even separated the finances. I still pay all the bills and keep up the house (no children). He says he's in love with someone else. If after a year, since this is SC, he asks for a divorce, can I charge him with desertion and adultery?

Category: Divorce
Date: 04/07/2025
State: South Carolina

Answer:

South Carolina law permits no-fault divorces based upon living
separate and apart without cohabitation for at least one year.
Additional grounds include; adultery, desertion, physical cruelty and
addiction to drugs or alcohol. The party filing the divorce action
states whether it is based on fault grounds such as desertion of
adultery. The responding party in a no-fault divorce action may bring up
marital misconduct as a consideration in determining spousal support and
property division.

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 happens if I stop paying my mortgage during divorce?

If you stop paying your mortgage during a divorce, you may risk foreclosure on the property. In South Carolina, both spouses are generally responsible for joint debts, including the mortgage, regardless of who is living in the home. It's advisable to communicate with your lender and consider legal advice to understand your rights and obligations.

Does my husband still have to pay the mortgage if he leaves?

What is the difference between legal separation and divorce?

Legal separation allows couples to live apart while remaining married, often involving a court order for financial arrangements and responsibilities. Divorce, on the other hand, legally ends the marriage. In South Carolina, a no-fault divorce can be granted after one year of living separately, while legal separation does not terminate the marriage.