Can my husband be charged with adultry if we are still married and he is with someone else?

04/28/2009 - Divorce - State: SC #16280

Full Question:

My husband left, thinking that was all that was needed for a 'legal separation'. I have not agreed to the separation and we have not even separated the finances. I still pay all the bills and keep up the house (no children). He says he's in love with someone else. If after a year, since this is SC, he asks for a divorce, can I charge him with desertion and adultery?

Answer:

South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. Additional grounds include; adultery, desertion, physical cruelty and addiction to drugs or alcohol. The party filing the divorce action states whether it is based on fault grounds such as desertion of adultery. The responding party in a no-fault divorce action may bring up marital misconduct as a consideration in determining spousal support and property division.

Please see the forms at the following links:

http://definitions.uslegal.com/s/spousal-desertion/
http://definitions.uslegal.com/a/adultery/
http://lawdigest.uslegal.com/divorce/state-faq/7012/
http://lawdigest.uslegal.com/divorce/state-law-summary/6928/

04/28/2009 - Category: Divorce - State: SC #16280

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