What happens in a divorce with an adultery charge

Asked about 2 years ago - North Charleston, SC

My wife committed adultery and is now concerened about going to jail and paying a huge court fine. Is this possable?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20

    Answered . Probably not, most of the time the adultery issue is reserved for the court and falls under the condut of parties portion of the marriage or the reason for the divorce if your jurisdiction requires one. take care and hope that things get better for your family. If she spent marital assets on the adulterous relationship you can recoup those during the court process in most instances.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Evan Kyle Guthrie

    Contributor Level 15

    Answered . Adultery is a factor in divorce proceedings for a fault ground and equitable distribution, but rarely if ever a criminal or court fine offense.

    Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-gut... LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/a... Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  3. Richard David Peacock

    Contributor Level 4

    Answered . This is probably not possible. In South Carolina, Adultery is one of the Five (5) grounds for a divorce action. If proven to the satisfaction of the Family Court in South Carolina, a spouse committing adultery may be (based upon numerous factors) required to pay alimony to their spouse. However, jail time and/or a court fine are not, to my knowledge, forms of addressing adultery by the State of South Carolina.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,710 answers this week

2,980 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,710 answers this week

2,980 attorneys answering