Criminal adultery is “the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.” Technically, anyone who commits adultery in South Carolina is guilty of the “crime of adultery

Is adultery illegal in South Carolina?

Adultery is one of the legal grounds for a fault-based divorce in South Carolina. (S.C. 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.

What happens if you are found guilty of adultery?

Your spouses infidelity can be considered by the Court when making decisions at the end of your marriage. In this case, your spouses adultery may result in he or she paying more alimony. Your spouses adultery can only affect the divorce so much, however.

What proof is needed for adultery in SC?

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.”

Can I date while separated in SC?

In South Carolina, you are still married until a final divorce decree is signed by a judge. South Carolina law dictates that if you date while separated, then your spouse is allowed to make the argument that you are committing adultery, which could have some legal consequences.

How long does a divorce take in South Carolina?

Divorces in South Carolina Family Court can take anywhere from 90 days to well over a year or longer.