For divorce lawyers in Charleston, Pawleys Island, and Myrtle Beach, adultery can have a significant impact on divorce proceedings in South Carolina, especially when it comes to matters like alimony, property division, and custody. However, proving adultery can be a complex and challenging process. In South Carolina, adultery is one of the grounds for divorce, and if you believe your spouse has been unfaithful, it's important to understand how to gather evidence and what legal standards apply. 

What is Adultery in South Carolina?

Under South Carolina law, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. The key factor here is sexual intercourse — other forms of emotional infidelity, such as flirting or online relationships, are not sufficient grounds for adultery under South Carolina law.

To file for divorce on the grounds of adultery, you must be able to provide sufficient evidence to support the claim. If adultery is proven, it can affect the divorce settlement in various ways, including the division of assets and spousal support.

Proving Adultery in South Carolina

South Carolina law allows a divorce to be granted based on either fault or no-fault grounds. Adultery is considered a "fault" ground for divorce, meaning that you are alleging that your spouse's behavior—specifically, their infidelity—was the primary cause of the breakdown of the marriage. Here's what you need to know about proving adultery in South Carolina:

Evidence of Physical Evidence of Sexual Intercourse

While proving adultery in a divorce case does not require photographic or video evidence, the law requires evidence that suggests a physical act of sexual intercourse took place. This could include:

• Admission of Adultery: If your spouse confesses or admits to the affair, either verbally or in writing, this can serve as powerful evidence.
• Witness Testimony: If there are people who witnessed your spouse with someone else in a compromising situation, their testimony could help establish adultery. For instance, someone who saw your spouse engaging in intimate behavior with another person could be a key witness.
• Hotel Records, Phone Records, or Other Documentation:** If your spouse frequently visited a hotel, or their phone records show suspicious calls or texts with a particular individual, this could help build your case. While this alone doesn't prove adultery, it can be a strong circumstantial indicator.

Circumstantial Evidence

If there is no direct proof of adultery, such as a confession or photos, you can still use circumstantial evidence to build your case. Circumstantial evidence can be enough if it strongly suggests that adultery took place. This may include:

• Unexplained Financial Transactions: Payments to hotels, restaurants, or other venues that could indicate an affair.
• Changes in Behavior: A sudden shift in your spouse's behavior, such as an increased secrecy about their phone or personal life, could suggest infidelity. 
• Frequent Absences or Travel: Evidence that your spouse was frequently absent for unexplained reasons or went on business trips with no reasonable explanation could indicate adultery.

Private Investigators and Surveillance

In some cases, spouses hire private investigators to follow their partner and gather evidence of infidelity. While this approach is expensive and can raise ethical concerns, it is sometimes necessary when direct evidence is difficult to obtain. A private investigator can take photographs or video of your spouse with someone else, which may be used in court.

However, it's essential to remember that any evidence gathered in violation of privacy laws (such as wiretapping or illegal surveillance) could be inadmissible in court and may lead to legal consequences.

Expert Testimony and Forensic Evidence

In some divorce cases, a forensic expert may be used to analyze text messages, emails, phone records, or other digital communications to uncover evidence of adultery. These experts can also analyze computer and phone data to locate incriminating messages or contacts that may be crucial to your case.

While such tactics can be effective, they should only be used with careful consideration of privacy laws and the potential costs involved.

The Legal Implications of Proving Adultery

If you are able to prove adultery in your divorce case, there are several legal consequences that may arise, including:

Alimony

In South Carolina, if a spouse is found to have committed adultery, they are disqualified from receiving alimony. If your spouse committed adultery, you could have a stronger case for alimony, as their actions may demonstrate a lack of financial need or may affect their entitlement to support.

Property Division

Although South Carolina follows an equitable distribution model for dividing marital property, fault in the marriage (including adultery) can influence how assets are divided. A judge may award you a larger share of the marital property if they find that adultery played a role in the marriage's breakdown.

Child Custody

Adultery generally does not have a direct impact on child custody arrangements, as the court's primary concern is the best interest of the children. However, if the adultery negatively impacts the children's welfare or creates an unstable environment, it may affect custody decisions.

Defending Against an Adultery Allegation

If you are the spouse accused of adultery, it's important to understand that simply denying the accusation is not enough. If your spouse can present credible evidence of the affair, the court is likely to take those claims seriously. On the other hand, if your spouse's allegations are based solely on suspicion or circumstantial evidence that doesn't clearly indicate adultery, your attorney can challenge the evidence and aim to have the accusation dismissed.

Conclusion

Proving adultery in South Carolina can be a complicated process, requiring careful collection of evidence and a deep understanding of the legal standards. If you are considering divorce on the grounds of adultery, it's crucial to work with an experienced family law attorney who can guide you through the legal process and help you build the strongest case possible. Similarly, if you are accused of adultery, seeking legal counsel is essential to protect your rights and ensure the best outcome for your case.

Remember, every case is unique, and what may work in one situation may not apply in another. A knowledgeable attorney will be able to evaluate your circumstances and advise you on the best course of action to take. We strongly recommend consulting with one of our divorce lawyers in Charleston, Myrtle Beach, and Pawleys Island.