2 questions: adultery and alimony

[gregadams]

What is the name of your state (only U.S. law)? SC

I am divorcing my wife. I want to do it without a lawyer if I can but I don't know if I should. I just can't afford to pay thousands. I caught my wife on a couple of occasions with another man. They weren't having sex but the second time I saw them kissing. Of course I confronted her about it and she admitted that she was seeing the bum. My questions are if I can prove that she cheated on me can I avoid paying alimony? And what do I need to do to prove she was cheating on me?

 

[Just Blue]

Why do you think that you will be ordered to pay alimony?

 

[gregadams]

I am worried that I will be ordered to pay alimony because I make a decent living and my wife has not worked in about 10 years.

 

[Silverplum]

I am worried that I will be ordered to pay alimony because I make a decent living and my wife has not worked in about 10 years.

That's a lifestyle choice that'll nail you in divorce court.

In SC, adultery is one of the grounds for divorce. See these:
http://www.abanet.org/family/familylaw/flqwinter08_groundsdivorce.pdf
http://www.scfamilylaw.com/2007/03/articles/divorce/grounds-for-divorce-in-south-carolina/


You won't be able to go after an "adultery" divorce without an attorney, and it will be expensive and ugly.

I don't know if judges in SC use adultery as a means of determining alimony or property settlements. You need to do some research.

 

[gregadams]

You need to do some research.

Thanks. That's why I'm here.

 

[Silverplum]

Thanks. That's why I'm here.

Good. Start with the links I gave you, and keep googling and reading.

 

[Ohiogal]

Per Family Law Prof Blog: South Carolina Senate Modifies Adultery Considerations in Divorce -- Bill Moves to the House

I DO NOT KNOW IF IT PASSED.

March 12, 2006
South Carolina Senate Modifies Adultery Considerations in Divorce -- Bill Moves to the House
A measure that would permit judges to award alimony if adultery occurs at least one year after legal separation and does not contribute to the breakup of the marriage passed the South Carolina Senate on Friday and has been forwarded to the House of Representatives for consideration. Under current law, adultery by a marriage partner prior to a divorce settlement or division of property voids alimony requirements in nearly all cases. Under the newest proposal, Judges would have more discretion in awarding alimony in cases involving adultery under a bill sent to the House.




The proposed new language reads as follows: “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, if the adultery does not occur until after one year from the date of the filing of an action for divorce or separate maintenance and support, the court may award alimony or separate maintenance and support if it finds that the adultery did not materially affect the economic circumstances of the parties or did not materially contribute to the breakup of the marriage.” A copy of the bill as it passed the South Carolina Senate can be found here (last visited March 12, 2006, reo).

However adultery does figure into alimony in South Carolina even under the old law.

 

[HomeGuru]

Thanks. That's why I'm here.

**A: we don't do research for you.

 

[Silverplum]

**A: we don't do research for you.

Hee! I tried to word my semi-similar answer "politely," and completely missed the boat. You OWN the boat!

 

[gregadams]

Per Family Law Prof Blog: South Carolina Senate Modifies Adultery Considerations in Divorce -- Bill Moves to the House

I DO NOT KNOW IF IT PASSED.



However adultery does figure into alimony in South Carolina even under the old law.

Thank you. That helps quite a bit. It does sound like I can get out of paying alimony if I can prove that she committed adultery.

**A: we don't do research for you.

I thought this was a forum for obtaining legal advice. If the advice offered isn't based on research, then what's it based on?

 

[Silverplum]

I thought this was a forum for obtaining legal advice. If the advice offered isn't based on research, then what's it based on?

The advice OFFERED is most likely based upon research and knowledge. For example, the links I gave you. You can then check out what I wrote. Beware of posters with low post counts who give "advice" but can't/won't back it up with LAW links.

The RESEARCH is for YOU to do. You want to learn, it's all here for you. But nobody will do all your research FOR you. We're volunteers!