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What happens in a divorce with an adultery charge

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. 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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. 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-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

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  3. 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.

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