However, to prove adultery in South Carolinas family court, one only need to show circumstantial evidence – that the spouse had a disposition to commit adultery and that he or she had the opportunity to do so. These requirements are often referred to by family court attorneys as “inclination and opportunity.”

Does South Carolina recognize adultery?

South Carolina courts will consider evidence of adultery in a divorce proceeding unless both parties cheated or one spouse condoned (consented to) the other spouses affair. While adultery typically does not affect property division or child custody, it impacts alimony.

Can you date while legally separated in SC?

There are plenty of reasons to refrain from dating while you are separated from your spouse, and dating can affect the outcome of your divorce case, but SC law says that you can date once the court has signed a permanent Order of Separate Support and Maintenance or a permanent order approving your settlement agreement.

Is it difficult to prove adultery?

Adultery can be difficult to prove despite seeming straightforward when filing for divorce. Well, it may seem straightforward if you are the Petitioner and your spouse has run off with somebody else. However, the courts do not look at it with the same clear-cut views.