At David W. Martin Law Group, our divorce attorney in Rock Hill knows how quickly adultery can destroy a marriage. The negative impact is far-reaching, and the reality of the betrayal is often too hard to get past.
In South Carolina, adultery is one of the four reasons spouses can pursue an at-fault divorce, which will allow them to get divorced without the one-year separation period lapsing.
Even if your divorce began as a no-fault filing, where neither spouse did anything to cause the marriage to end, adultery during the mandatory one-year separation period can change the landscape of your divorce — slanting the divorce’s outcome in the non-cheating spouse’s direction.
But first, you must show your spouse had the opportunity and inclination to cheat.
Our York County divorce attorneys can help you understand what the legal threshold is, and how you can prove it to get your divorce underway sooner than later.
What are the Most Common Signs Your Spouse is Cheating in South Carolina?
At David W. Martin Law Group, our family law attorney in Rock Hill partners with our clients to understand their complete family dynamics, which includes questions about how the spouse’s habits have changed, and when that typically points to infidelity.
Some of the most common signs that your spouse is cheating may include, but is not limited to:
- Changing their appearance, including haircuts, grooming, wardrobe, and/or fitness routine
- Suddenly tied to their cellphone
- Going out more frequently
- Password protecting phones or computers for no reason
- Changing previously shared passwords and not sharing the new password
- Avoids talking about you or posting pictures of the two of you on social media
- Clearing internet history every time the computer is used
- Deleting call and text history on their phones
- Developed a random interest in something they have never cared about before
- Panic if you handle their cellphone or other personal items
- Creating new personal email addresses, or using a secret email address
- Being hard to reach when they are out
- Accuses you of cheating
- Less interested in sex
If you believe your spouse is cheating, their behavior may change the landscape of your divorce proceedings, as adultery can affect the way the judge rules on certain aspects of your case.
How Does Adultery Affect My South Carolina Divorce?
The most obvious difference in how adultery affects your divorce is that we can file the paperwork, proceed with building our side of the case, and outlining your complete needs without the mandatory no-fault separation period placing the dissolution on hold.
If your spouse is cheating, not only can you get divorced faster, you may be entitled to more financial distributions from property division and alimony. Conversely, if you are the cheating spouse, adultery can bar you from seeking alimony, so the door swings both ways on this subject.
What Type of Evidence Do I Need to Prove My Spouse is Cheating?
In South Carolina, we do not have to show that one spouse is actually had sex – through pictures, videos, or other evidence, to prove the adultery.
We must show that one spouse had the opportunity and inclination to commit adultery.
The inclination could include the cheating spouse showing affection — holding hands, kissing, sexing, inappropriately texting, or hugging.
The opportunity would be the spouse and the person he/she is seen carrying on with having the ability to be in a private place together long enough to commit adultery.
If you do not have access to any solid proof that your spouse had the inclination and opportunity to cheat, consider talking with an experienced divorce attorney in York County about your options, or hire a private investigator to secure the evidence you need to move forward with a divorce. However, time is of the essence with adultery cases throughout South Carolina and an experienced divorce lawyer in Rock Hill could assist with helping to gather the necessary evidence to prove adultery.
If you are interested in learning more about what a cheating spouse means to your divorce in South Carolina, contact our skilled Fort Mill family law attorneys at the David W. Martin Law Group today by calling (803) 548-2468 to review your case with our experienced family law attorney in Rock Hill who are here to help you pursue positive results.
