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Adultery & Divorce

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carolinaout

Guest
i've been married for approx. 4 mths and left my husband about 1mth ago due to mental cruelty/abuse. he suffers from depression and anxiety and has just gotten unbearably abusive since the wedding. he was not like this before. since our split, i have met someone whom i have a fantastic relationship with.

since, unbelievably, mental abuse is not grounds for divorce in south carolina, i was wondering if my relationship with this other person, if brought to the attention of my husband, would be acceptable grounds for a divorce rather than having to wait the one year period to file for no-fault divorce?

does adultery need to be something that is caught and proven by a 3rd party, etc?
 


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bobandjess99

Guest
I'm not sure about SC, but here, you can not use your own adultery as grounds for divorce, it needs to be the other person's. For example, your husband could sue YOU for divorce, due to adultery, but only if he chooses. If he does not want this divorce, he could simply choose not to file, even with this new info. You can not file using your own adultery. Also, I looked up SC divorce law, and both the distribution of property and the awarding of alimony have provisions for taking "any marital misconduct" into account. That means that if you admit to adultery, you could be screwing yourself out of a fair share of your assets and alimony. Is it worth it?? (As an aside, you can sue if he is a drug addict. I don't suppose he is abusing any kind of drugs (even legal ones for depression or the like?? You might make a case out of that.)
Hope this helps.
 

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