Adultery cannot only damage a relationship, but it is also considered a crime in some states and cities. In South Carolina, adultery can be considered not only immoral, but also criminal. South Carolina law does state that someone can be fined up to $500, go to jail for 6 months (or more) and can be the main grounds for divorce. If you suspect your spouse of adultery and want to name it in your divorce filing, the offense must be proven.
What is adultery?
Adultery can be defined in many ways by different people. The State of South Carolina, however, has its own definition. Under South Carolina law, adultery is defined as when two people that are supposedly involved in the adulterous act are in literal terms sleeping together or are meeting routinely for intimate interactions. Intercourse does not need to occur, however if the meetings are intimate, then that is enough for the claim of adultery.
Motive & Opportunity
To prove in the court of South Carolina that your spouse has been adulterous, you must be able to prove that there was an inclination or motive for these actions. Can you prove that your spouse was planning to be adulterous? Were there texts, internet posts, emails or telephone records that may prove there was a motive?
The second part to prove would be opportunity. You must provide evidence that the spouse had opportunity to commit adultery. Did your spouse spend time with another person alone or did you know of specific meeting times and places? You must be able to prove beyond a doubt that there was motive and opportunity for the actions to take place.
What type of evidence is needed?
Evidence is needed, however, do not obtain any evidence illegally. This would not help your case. Evidence obtained illegally may not be used for your case. However, if you have evidence by testimony of another, or other forms of circumstantial evidence, it may be enough to prove your claim.
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