How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7453
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I have been married 4 years with a husband who continues to

Customer Question

I have been married 4 years with a husband who continues to be on dating sites, talking and texting other woman. and recently met up with a woman and wanted to explore a relationship with. She found out he was married. Is this considered adulty. He is verbally abusive and I can't take it anymore.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: South Carolina
JA: Anything else you want the lawyer to know before I connect you?
Customer: I broke because of him.
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 month ago.

I am sorry to hear this; I could not find any case law that would label non-intercourse behavior as adultery. The courts narrowly define adultery as intercourse between a married person and someone other than that person's spouse.

Fortunately the court may consider "misconduct" when dividing marital property meaning that even if a spouse does not commit adultery, if they are behaving with Misconduct, the innocent spouse can be awarded additional property so the division need not be 50/50. The idea is that the division needs to be fair, not necessarily equal; and the courts can take into account misconduct..

Please see statutes here:

http://www.scstatehouse.gov/code/t20c003.php

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 26 days ago.

CHECKING to see how the above worked out and if you needed further information. I know how upsetting marital strife can e especially for the innocent party so I wanted to follow up with you.