Posts Tagged ‘Adultery’

Court of Appeals affirms biased eyewitness testimony insufficient to prove adultery

The July 24, 2010 Court of Appeals opinion in Kennedy v. Kennedy, 389 S.C. 494, 699 S.E.2d 184 (Ct. App. 2010) provides some guidance on proof of adultery, alimony, and apportionment of marital debt. The family court refused to find that Wife committed adultery and the Court of Appeals affirmed.  Husband’s evidence of adultery was solely based on [...]

New Frequently Asked Questions

The ability to easily add pages to my web site combined with the increasing understanding that many clients and potential clients ask me similar questions that cannot easily be explained orally and can best be convincingly explained in writing and with hypertext links has inspired a flurry of Frequently Asked Question drafting.  Basically, when I [...]

Court of Appeals clarifies what is proof of physical cruelty and what isn’t proof of adultery

I have had a number of cases in which a spouse (in my experience, always the husband) has destroyed the home phone in the midst of a domestic altercation.  Whether my client was the perpetrator or the victim of the phone destruction I have always taken this action to be of great significance: seeing it [...]

The culture’s misconceptions about condonation

Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina.  If proven, condonation revives an alimony claim despite a spouse’s adultery and notwithstanding South Carolina’s statutory bar [S.C. Code Ann. § 20-3-130(A)] to awarding alimony to an adulterous spouse.  See, Grubbs v. Grubbs, 272 S.C. 138, 140, [...]

Will the rise of “swinging” in the Lowcountry lead to a revival of the connivance defense to South Carolina’s adultery bar to alimony?

Professor Roy T. Stuckey’s excellent guidebook, Marital Litigation in South Carolina: Substantive Law (3rd. Ed), has little use for the defense of connivance, concluding its section on the defense, that it “should not be utilized except where it would be manifestly unjust to penalize a basically innocent but deceived spouse.”  However, in an era in [...]

Why the delay between the Sanfords’ divorce hearing and the divorce?

Under S.C. Code Ann. § 20-3-80, titled Required delays before reference and final decree;  exceptions, South Carolina law sets specific waiting periods before the court can grant a divorce.  That section reads: No reference shall be had before two months after the filing of the complaint in the office of the Clerk of Court, nor [...]

South Carolina’s alimony lottery

I had a recent phone conference with a New Jersey attorney as we discussed the advantages of disadvantages of fighting an alimony case in South Carolina versus fighting it in New Jersey.  As I discussed the factors that the South Carolina courts might examine in deciding alimony, New Jersey counsel kept stating incredulously: “they’d really [...]

Less adultery = more divorce?

While many in our culture believe contemporary folks wallow in sin, merely from the fact that women in our culture expect greater respect than they might have expected fifty or one hundred years ago makes me believe that the amount of male infidelity is actually declining over time.  The multiple and long-term affairs of Franklin [...]