My husband of 4 years had an emotional affair with another married woman. I have text messages and e-mails between them both. He has admitted to sleeping with her, but I have no proof. I have been told that is illegal to commit adultery in SC, and that it can be punished by a fine or jail time. I'm not out to hurt the other woman, but do I need her testament in court to prove of the affair? I'm not out to ruin her marriage because she helped ruin mine.
Yes, adultery is a crime in South Carolina. Both your husband AND the other married woman have committed that crime. It is rarely punished as a criminal offense because the burden of proof to prove a crime is beyond a reasonable doubt. You do not necessarily have to have her testimony to prove the adultery in Family Court. The emails are strong enough proof in most circumstances to prove the adultery to the standard of proof in Family Court.
Your husband had a physical and emotional affair, why anyone would try to call it an emotional affair is confusing to me. It sounds like they are trying to excuse it or bush it off as something less than it is. How would you be ruining her marriage? Either it is already ruined (she screwed around on her husband with your husband) or SHE ruined it herself, not you.
I recommend that you go and see a Family Court Attorney immediately.
DISCLAIMER – LEGAL ADVICE
If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.
1 lawyer agrees