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is an emotional affair grounds for a divorce in south carolina?
Optional Information: Country relating to Question: United States State (if USA): South Carolina Already Tried: Researching phone and text records and a receipt from where they spent time on a date together.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.To answer directly, under S.C. Code § 20-3-10 there are five grounds listed for divorce. Four are considered fault grounds; those are adultery, habitual drunkenness or narcotics abuse, physical cruelty, and one year’s desertion. You can also pursue divorce on no-fault grounds if you can show taht you were separated for 1 year. It may be possible for you to claim that an 'emotional affair' is an adulterous relationship, although that is likely going to be a stretch which a judge may not permit. If you are seeking a divorce, a separation is likely an easier ground to pursue and prevail under.Hope that helps.
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How is custody determined between a divorce filed as adultry vs. seperation?
Thank you for your follow-up, Jared.There is no noticeable difference. There is a myth that by being in an adulterous relationship that person is now hurt in custodial matters. It is highly unlikely because parental rights and how that parent acted in a marriage are generally not related to one another. The other parent can bring up possible morality grounds but if the other parent has no history of abuse, neglect, domestic violence, and so forth, it will not make a serious difference in the custodial split.Good luck.Dimitry Esquire41094.7618291319
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