We at the David W. Martin Law Group are aware that going through a divorce can be difficult and emotionally taxing. Infidelity can introduce another level of complication and suffering. When going through a divorce in Greenville, South Carolina, and having to deal with the fallout from an unfaithful spouse, it’s important to know how this will affect the terms of your divorce settlement.
The Divorce Grounds in South Carolina
Adultery is one of the accepted legal grounds for divorce in South Carolina. This implies that you can seek divorce on the grounds of your spouse’s adultery if they have been unfaithful. In contrast to certain states that solely accept no-fault divorces, South Carolina permits you to list specific grounds, including adultery, which may have an impact on different parts of the divorce process.
Effects on Alimony
Alimony is one of the most important ways in which adultery can influence a divorce settlement. When deciding alimony in South Carolina, the courts consider several criteria, including the parties’ behavior. A spouse may not be eligible to get alimony if they are proven to have committed adultery. This may have a significant financial impact, particularly if the cheating spouse was requesting maintenance from the marriage.
Things to Consider in Property Division
According to the equitable distribution principle, which is followed in South Carolina, marital property is distributed fairly but not necessarily equally. Not all contributions are monetary, even though the court seeks to distribute assets fairly. Infidelity may come into play when making this decision. For instance, the court may provide the offended spouse a larger portion of the marital property if their adulterous behavior caused serious financial loss or marital discord.
Custody and Parenting Time
The best interests of the child are given priority by South Carolina courts when making decisions about child custody and visitation. While the circumstances surrounding adultery may influence custody judgments, infidelity itself does not. For instance, the court may take this into account while deciding on custody arrangements if the adulterous spouse’s activities adversely affected their ability to parent or the wellbeing of the children.
Emotional and Psychological Impact
Infidelity can have serious emotional and psychological effects on the persons involved in addition to financial and legal repercussions. These effects may have an impact on the divorce process’s general dynamics. For instance, a spouse who has been deceived may feel offended or entitled to a more aggressive settlement. On the other hand, the cheating partner may try to expedite things to reduce stress.
Providing Evidence of Adultery in Court
You must present proof of your adultery if you want to utilize infidelity as a divorce reason. This proof, which usually consists of opportunity and inclination proof, needs to be convincing and unambiguous. Claims of infidelity are frequently supported by witness testimony, electronic exchanges, and private detectives. Care must be taken in gathering and presenting this information because unfounded allegations can tarnish credibility and make the divorce process more difficult.
Legal Advice and Assistance
Divorce involving infidelity necessitates skilled legal representation. Our goal at the David W. Martin Law Group is to assist you in obtaining a reasonable and equitable settlement by offering empathetic and capable legal counsel. Our firm is dedicated to defending your rights and interests during the divorce process and is aware of the emotional toll that adultery may have.
Infidelity has a big influence on divorce settlements in Greenville, South Carolina. It can change everything from child custody to alimony. Having experienced legal representation on your side is essential if you are going through an adultery-related divorce. The David W. Martin Law Group is available to assist you at every stage of this trying time, making sure that your case receives the consideration and care it needs.
Please get in touch with us right now to arrange a consultation or for more information. Allow us to provide you with the assurance and assistance you need as you tackle this difficult situation.
