Working together, we will protect your rights and build a better future for you in Awendaw, Charleston, Daniel Island, Goose Creek, Isle of Palms, James Island, Johns Island, Kiawah, Mount Pleasant, North Charleston, Sullivan’s Island, Summerville, or West Ashley.Protecting Your Assets in a Charleston Divorce Who Gets The Money When a Marital Asset Increases In Value During a Charleston Divorce Proceeding?Unlike other forms of “marital fault,” proof of adultery bars the adulterous spouse from receiving alimony. Proof of adultery (or the lack of proof) can have serious financial implications for both parties in a divorce case. written property or marital settlement agreement or (the) 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” no divorce on the ground of adultery can be granted. The statute further states that “…no evidence of personal conduct … if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) 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; SC Code 20-3-130.The prohibition to date prior to finalizing their Divorce? the parties have signed a written settlement agreement and/or it has been approved by the Family Court as a final order, no legal claims of marital fault, including adultery, can be made by a Charleston Family Law attorney or their client.” The advice boils down to three words: Don't do it!Most good divorce lawyers strongly recommend that clients their do not date during the pendency of the divorce action because dating during divorce is never a good idea.
As an experienced divorce and child custody attorney in Charleston, SC, I can answer your Charleston divorce and legal separation questions.
Marital fault must either be admitted or proven to be used as a reason for the Court to grant a Divorce prior to one year of separation.
However, for all practical purposes, proving marital fault against a spouse in the litigation process (without an admission) will likely take at least one year if not longer.
What is the difference between “dating” and adultery?
In order prove adultery, a Charleston Family Law attorney must present evidence of the opportunity and the inclination to have an adulterous relationship.