What if you would like to date someone and you have a legal separation in South Carolina?
Full Question:
Answer:
Until a person is officially divorced, an sexual relations outside the marriage may be considered adultery, which may be considered marital misconduct in terms of alimony. It is also a crime under SC statutes.
South Carolina law requires that one of the spouses must be a resident of the state for a minimum of one year, but if both spouses are residents, residency of only three (3) months is required immediately prior to the filing of the petition for divorce. South Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal.
South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. The most common way to file for divorce in South Carolina is based on a separation of the spouses for a period of 1 year. This means that the parties must not live together, have sexual interaction, or act as husband and wife for a period of 365 days.
The following is a SC statute:
SECTION 16-15-60. Adultery or fornication. [SC ST SEC 16-15-60]
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.