Adultery?

[wilket]

What is the name of your state? SC

My friend is in the process of divorce. We met in the early stages of the process, after she and her husband had not been living together for some time.

We have never had anything even close to intimate relations.
We do care deeply for each other though.

After finding out about us, the husband has cited adultery in the divorce.
I personally believe this is only to help him to avoid financial responsibilities and with custody of the child.

The main issue is the custody of the child.

From the start, we have only been together in "public places".

Several months ago, her lawyer asked that we not see each other at anytime until after the divorce. We have not seen each other at all for months now. We still talk regularly on the phone.

Now her lawyer request that we not speak on the phone either.

It is my understanding that adultery involves an actual sexual encounter between 2 persons, one of which being still married to another person.

Also, accusations are one thing, in court proof is required.

What's going on here?

Thanks
Wilket

 

[LdiJ]

What is the name of your state? SC

My friend is in the process of divorce. We met in the early stages of the process, after she and her husband had not been living together for some time.

We have never had anything even close to intimate relations.
We do care deeply for each other though.

After finding out about us, the husband has cited adultery in the divorce.
I personally believe this is only to help him to avoid financial responsibilities and with custody of the child.

The main issue is the custody of the child.

From the start, we have only been together in "public places".

Several months ago, her lawyer asked that we not see each other at anytime until after the divorce. We have not seen each other at all for months now. We still talk regularly on the phone.

Now her lawyer request that we not speak on the phone either.

It is my understanding that adultery involves an actual sexual encounter between 2 persons, one of which being still married to another person.

Also, accusations are one thing, in court proof is required.

What's going on here?

Thanks
Wilket

What is going on is that if you truly care about her, you will stay completely away from her, including on the telephone, until after her divorce is final.

 

[KParrish]

i am currently battling the same issue.. in our wonderful (NOT) state of SC, in order to file on grounds of adultery, it must be PROVEN.. by third party testimony.. so in other word's, her husband would have to have someone who know's and can testify under oath that a sexual affair has taken place.. talking to one another, having dinner together is not constituted as adultery.. as they say for during the seperation period, "neither spouse may get remarried or have sexual relations with anyone else"..
SC also tend's to favor on the side of *joint/shared* custody..
regardless if the adultery was proven, if she has the child he would more than likely still owe child support.. if shared, that would be an issue for the family court judge to decide.
if he can get an adultery charge proven? then he would not be held liable to pay her any spousal or alimony payments..

http://www.divorcelawinfo.com/states/sc/southcarolina.htm

http://www.divorcenet.com/states/south_carolina/state_articles

 

[wilket]

Thanks That affirms my understanding of the adultery issue.
Why would her lawyer not want her to have any contact, even over the phone?
Maybe he doesn't believe that 2 people can be together without having a sexual relationship?

 

[fairisfair]

don't mean to be hurtful, but have you considered the possiblity that it is your girlfriend who doesn't want to talk to you right now?

 

[Ohiogal]

Thanks That affirms my understanding of the adultery issue.
Why would her lawyer not want her to have any contact, even over the phone?
Maybe he doesn't believe that 2 people can be together without having a sexual relationship?

Such contact could become an issue and be used as an issue in court -- you could find yourself called to testify on things that may have been told to you and such testimony could prove harmful to his client. it is possible for 2 people to be together without having a sexual relationship -- however it is also possible that such relationship can be misconstrued in court and the court itself could get the wrong idea thus causing harm to the client.

 

[wilket]

Good Point Thanks for your explanation and ideas.