In South Carolina, of all places, you're playing with fire. Your state is one of the few with adultery laws still on the books, and adultery can seriously affect several aspects of the divorce, especially alimony. You should finish one marriage before starting another, as the saying around here goes.
http://www.scstatehouse.gov/code/t16c015.php
SECTION 16-15-60. Adultery or fornication.
Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.
SECTION 16-15-70. "Adultery" defined.
"Adultery" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.
http://www.scstatehouse.gov/code/t20c003.php
SECTION 20-3-620. Apportionment factors.
(A) In a proceeding for divorce a vinculo matrimonii or separate support and maintenance, or in a proceeding for disposition of property following a prior decree of dissolution of a marriage by a court which lacked personal jurisdiction over an absent spouse or which lacked jurisdiction to dispose of the property, and in other marital litigation between the parties, the court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings.
(B) In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors:
(1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the parties;
(2) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement; or
(c) 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;
Most times a court will simply not finalize a divorce of a pregnant person, period, until the child is born and paternity can be determined. What your judge is demanding is a process similar to what's called a
Serfain hearing in Michigan. You can proceed pro se (as you always can), but sufficeth to say you've stepped beyond the scope of a standard divorce and into the realm of professional litigators.
What Silverplum so kindly provided with her link will lead you to this form:
http://www.sccourts.org/forms/pdf/SCCA707.pdf
which must be properly filed and served upon all relevant parties. The testimony of all parties involved will be taken as evidence since DNA testing is not yet available.
One question that begs to be asked: Why, if you've waited over two years to divorce your husband, is the matter now so urgent?
