My husband resignsd as pastor due to adultery 6 months ago. What other evidence do i need to divorce on adultery.

Asked almost 3 years ago - Greenville, SC

I do know the other woman and the hotel they went to. We separated after his confession. Two weeks ago his current girlfriend came to my home to tell me about their relationship.

Additional information

I live in south Carolina. We have 2 sons ages 11 and 13. I have earned 60 to 70 percent of our income for the last 6 years. He lost his income due to adultery. He now works part time earning one third possibly one quarter of what i earn. He has not paid any child support. He cashed in his annuity after we separated. I did't ask for any of it because i was not taking responsibility for his credit card debt. The annuity equaled the debt.

Attorney answers (4)

  1. Lloyd Wayne Patterson

    Contributor Level 14

    3

    Lawyers agree

    Answered . To prove adultery in South Carolina you have to show inclination and opportunity. Here he has admitted the adultery, you know the other party and they are still involved. That is sufficient for an at fault divorce. The marital estate will probably be divided on a fifty fifty basis even though he is the at fault party. You will get custody of the children and he will have to pay child support. You will need to contact a local attorney and have him file in the family court.

  2. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . You should meet with a local divorce lawyer and discuss your options in detail.

  3. Miranda Shanell Summer

    Contributor Level 10

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    Lawyer agrees

    1

    Answered . Looks like no fault divorce in South Carolina requires the parties to live apart for one year in order to proceed with the divorce. Adultery is grounds for a "fault" divorce, which presumably allows you to waive the one year period. Often, a court will need more than a confession to a party that he committed adultery. If there are any documents related to his resignation, they may be helpful, as well as a sworn statement or testimony from the woman he had an affair with. Also, hotel receipts from their meetings, etc. could be helpful in establishing the relationship. A divorce attorney may work with an investigator that can help you gather any evidence you need.

    My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more
  4. Timothy P. Flynn

    Pro

    Contributor Level 15

    Answered . This should do it, I'd say. Most states are "no-fault" divorce states, but many states still have adultery as a [rarely charged] felony on the books. Even in the context of a no fault proceeding, adultery still matters to some family court judges. In your case, you have rock-solid evidence. This may affect the court's decision on custody if the adultery affected any minor children.

    Also, many judges will provide a premium to the cuckholded spouse in the property division. Your family law attorney can go over your options in this regard.

    Good luck in this difficult time.

    The response to this post is not intended to provide specific legal advice or to create an attorney client... more

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