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What are my rights as far as getting a divorce from my husband?

Florence, SC |
Filed under: Divorce Adultery

I recently found out that my husband cheated on me. I found his old phone with text messages that he was sending to this other woman along with her phone number. He then admitted it to me about the other woman. We also have six children, 2 are not his, the other 4 are his.

Attorney Answers 2

Posted

Adultery is one of the five (5) grounds for divorce in South Carolina. However, in order to prevail in a divorce on the grounds of adultery, you will have to be able to show the specific date, time, and place the adultery occurred as well as the name of the woman with whom he committed adultery. You will also have to have an independent witness who can corroborate that the adultery occurred. Finally, the South Carolina Supreme Court has indicated that adultery is sexual conduct between one partner of a marriage with someone other than the partner's spouse and that the conduct is conduct which should be reserved for the marital bed. Text messages, no matter how specific or torrid, do not rise to the level of actual physical sexual contact between your husband and this woman.

In addition, you will have had to institute proceedings for a divorce on the grounds of adultery within a very short period of time after your became aware of the adulterous conduct. Although I am unaware of any case law that states how recent the adultery must be, I would be leery of taking on a case where the wife discovered yesterday that her husband had committed adultery 10 years ago.

If you are able to prove adultery, it should ensure that you are in a better position on all of the issues in the dismantling of a marriage. However, this is one situation that you absolutely cannot handle yourself nor can you wait to consult with an attorney. I urge you to immediately call a domestic relations attorney and schedule an appointment.

Legal disclaimer: Janne Berry Osborne is an attorney duly licensed to practice law in the State and Federal Courts of South Carolina, including the Bankruptcy Court. This answer is offered for general educational and informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute or create an attorney-client relationship between Janne Berry Osborne and any other person. You should schedule a consultation with an attorney to discuss your specific legal issues.

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Posted

The answer that you have already received is absolutely correct. In South Carolina you have to prove inclination and opportunity. If you take him back that would void the grounds. depending on the length of the marriage you may be entitled to alimony. Normally you would be allowed to remain in the marital home and he would have to pay child support. He would usually also have to pay your legal fees.

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