Full question:
On the subject of dating after separation, my wife had an affair and told me she wanted to separate to be with him. four months. I wound up moving out. we made a financial agreement on the bills and child support. what are the ramifications of me dating before legal separation?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: South Carolina
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.
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. It is not necessary for both spouses to consent to filing a divorce petition. A divorce petition may be filed by only one spouse, and if the other spouse doesn't file an answer to the divorce complaint, it is still possible to be granted a default divorce decree.
The courts may award alimony to either spouse. Alimony may be periodic, lump sum, rehabilitative or reimbursement type. Adultery is considered by the court when making a determination as to whether alimony should be granted. Factors the court considers in determining the amount and term of alimony include:
1. The duration of the marriage and the age of the parties.
2. The physical and emotional condition of the parties.
3. The educational background of the parties along with the need of each for additional training or education.
4. The employment history and earning potential of each spouse.
5. The standard of living established during the marriage.
6. The current and reasonably anticipated expenses and needs of each spouse.
7. The current and reasonably anticipated earnings of each spouse.
8. The marital and non marital properties of each spouse.
9. Custody of the children.
10. Marital misconduct; and
11. Any other relevant factors.
South Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. Some of the factors the court considers in dividing the property between the parties include:
1. The duration of the marriage.
2. The age of the spouses.
3. Marital misconduct.
4. Economic misconduct.
5. The value of each party's marital property.
6. The contribution of each spouse to the marital estate.
7. The income of each spouse.
The following are SC statutes:
§ 20-3-10. Grounds for divorce.
No divorce from the bonds of matrimony shall be granted except upon one
or more of the following grounds, to wit:
(1) Adultery;
(2) Desertion for a period of one year;
(3) Physical cruelty;
(4) Habitual drunkenness; provided, that this ground shall be construed
to include habitual drunkenness caused by the use of any narcotic drug;
or
(5) On the application of either party if and when the husband and wife
have lived separate and apart without cohabitation for a period of one
year. A plea of res judicata or of recrimination with respect to any
other provision of this section shall not be a bar to either party
obtaining a divorce on this ground.
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.
