A spouse’s adultery is generally an absolute bar to alimony. See S.C. Code Ann. § 20-3-130(A) (“No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.”).
However, adultery that has been condoned–conditionally forgiven–or is the result of connivance, does not act as a bar to an award of alimony. Recrimination, the defense that both parties are guilty of the same fault-divorce ground, does not remove adultery’s bar to alimony. See, Spires v. Spires, 296 S.C. 422, 373 S.E.2d 698 (Ct. App. 1988).
The lesbians get all the breaks
Recent I took the deposition of an alleged paramour in a divorce case I am handling. The deponent, when asked about his adultery
Generating avenues for trial evidence from an opposing party’s discovery
While most discovery requests are routine or boilerplate, some discovery requests can offer insight into the opposing party’s thinking. Such discovery requests provide
Court of Appeals holds results of a penile plethysmograph (PPG) test are inadmissible as unreliable
I typically don’t blog about criminal cases and In the Matter of Shawn T. Daily may still get altered by the Court of