A question I am frequently and increasingly being asked by my colleagues is whether modern uses of technology to engage in sexual banter can constitute adultery as a ground for divorce in South Carolina. Sexting, instant messaging, emailing, online role playing games and constant or lengthy phone calls (often assumed to be “phone sex”) have [...]
Posts Tagged ‘Adultery’
Deposing alleged paramours before filing to terminate alimony
In South Carolina even adultery that occurs during the marital dissolution litigation period is sufficient to terminate alimony. Further adultery can be “proven” through circumstantial evidence by showing both inclination and opportunity to commit adultery. These two facts contribute to the high utilization of private detectives in South Carolina divorce cases. Yet even the most [...]
Should a parent’s adultery be per se relevant to child custody?
I’m no social conservative but, contrary to many South Carolina family law attorneys and judges, I believe that a parent’s adultery is almost automatically relevant on the issue of child custody when such adultery demonstrates a spouse’s failure to honor his or her commitment of sexual fidelity to a spouse. South Carolina case law generally [...]
Overnight non-marital romantic companion restraints after Lawrence v. Texas
South Carolina family court judges routinely issue restraints against exposing children to a parent’s non-marital romantic companions overnight. When concerned about appearing to be moral scolds, they justify these restraints as prohibiting the children’s exposure to “illegal behavior.” The specific criminal statutes implicated by such behavior are the prohibitions against adultery (S.C. Code § 16-15-60), [...]
The “best” age(s) for South Carolina husbands to commit adultery
One of the many oddities of South Carolina family law is that a husband is typically best off committing adultery when he and his wife are either very young or very old. It’s the middle-aged dudes who suffer the most financially from their philandering. When a couple is young, especially if there are no children, [...]
Dan Savage on the virtues of infidelity
An interesting piece in tomorrow’s New York Times Sunday Magazine, Married, with Infidelities, highlights my favorite relationship advice columnist, Dan Savage, and his views on marriage and monogamy. In his relationship column, Savage Love, Dan observes many of the same problems with contemporary marriage that I see in my divorce practice: the tensions and conflicts [...]
Mexican standoff: South Carolina Family Court version
My client, the wife, was caught in flagrant adultery. Husband filed for divorce and filed a motion for temporary relief seeking custody of the children and to have my client ordered to vacate the marital home (and for alimony too). In South Carolina this is the equivalent of the opposing party having a gun to [...]
What is the burden of proof for adultery divorce in South Carolina?
Has anyone else noticed that our South Carolina appellate courts have made a hash out of the burden of proof necessary to obtain a divorce on the grounds of adultery? Three reported South Carolina cases state adultery must be proven by “clear and convincing evidence.” Doe v. Doe, 324 S.C. 492, 478 S.E.2d 854, 856 [...]