Posts Tagged ‘Adultery’

A too broad and too narrow definition of cheating

A few months ago, an attorney friend asking me if I’d ever “cheated” on my wife. Being a legalistic sort, I asked back, “what do you mean by cheating?” He didn’t think it was a question that needed clarification. In this culture, he’s right–which is a shame. A definition that considers all adultery cheating is […]

Waiving alimony by committing adultery affects more than just alimony

South Carolina’s alimony bar to spouses who have committed uncondoned adultery (S.C. Code Ann. § 20-3-130(A)) is unique in United States alimony law. It reflects an archaic and patriarchal view of marriage and should be abolished. Of course South Carolina’s overwhelming preference for permanent periodic alimony is similarly archaic and patriarchal. However so long as […]

The dangers of dating before divorce (or before a final order of separate maintenance)

People coming out of an unhappy marriage are often eager to begin dating. Yet there are risks in dating before one is divorced.  My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court’s no-fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault divorce.  On October 1, 2014, it modified it a second time: Third time’s a charm? In the extremely odd May 14, 2014 opinion of Mick-Skaggs […]

Better to be an adulterer than an adulterer and a liar

A mentee recently asked me if one should admit an allegation of adultery in a responsive pleading when the adultery is obvious.  While I think the question has a clear cut answer, my view isn’t shared by all of my colleagues.  I continue to see adultery denials in responsive pleadings even when the adultery is […]

Sue the cuckolder elsewhere

Cheated-upon spouses occasionally inquire whether they can sue the other man (or woman) for breaking up their marriage.  In South Carolina the answer is no: in 1992 the South Carolina South Carolina eliminated causes of action for alienation of affections and criminal conversation. Russo v. Sutton, 310 S.C. 200, 422 S.E.2d 750 (1992). An August […]

Seeking protective orders for private investigator information

Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs).  However, even when such PIs develop solid evidence of adultery, they rarely develop ironclad evidence.  If the opposing party knows what evidence the PI has developed, s/he can concoct an evasive story that denies the […]

Perhaps he has a 2,000 mile long penis?[1]

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 […]

 

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