Full question:
I am filing for my legal separation. What are the laws about dating again in South Carolina? We do have 3 children and my husband is threatening me that if I start dating while we are legally separated, he is going to fight for custody.
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: South Carolina
Answer:
In South Carolina, dating after legal separation can have legal implications. While you can date, any post-separation relationships may be scrutinized in court, especially regarding custody of your children. If there was no adultery before your separation, your dating is generally not relevant to claims for alimony or support. However, if your new partner stays overnight when your children are present, this could negatively affect your custody arrangements.
Be aware that you may be questioned under oath about your dating life during depositions or trials, and providing false information could lead to perjury charges. You might choose to invoke your Fifth Amendment rights in certain situations.
Additionally, dating could complicate settlement negotiations with your spouse, potentially leading to feelings of anger and resentment. Your spouse may also consider filing claims for 'alienation of affections' or 'criminal conversation' against your partner, which could result in financial damages.
When it comes to custody, South Carolina courts prioritize the best interests of the child, considering factors like the child's preferences, age, and any evidence of domestic violence. The court can make custody decisions at any stage of the divorce process based on these considerations.
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.