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AttorneyTom
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Can I sue my wife or her lover for adultery? Im in SC but

Resolved Question:

Can I sue my wife or her lover for adultery? I'm in SC but it happened in West Virginia. I have file upon file of evidence.
Submitted: 6 years ago.
Category: Family Law
Expert:  AttorneyTom replied 6 years ago.



Even if you placed a deposit or have a subscription



Thank you for your question!


The torts of alienation of affection and criminal conversation allow a spouse to sue another spouse's paramour for adulterous activity.

Sadly, neither WV nor SC recognize alienation of affection lawsuits anymore. Though such lawsuits were once commonly recognized throughout the US, they are now disfavored and many states have taken action to eliminate such causes of action. Only the following states still recognize alienation of affection claims: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah. Of course, if adulterous conduct takes place in a state that recognizes the cause of action, a spouse may have a basis for such a suit in that state.

Adultery is grounds for divorce is SC. Further, if a spouse dissipates marital assets through adulterous activity, that can also affect property awards.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

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Customer: replied 6 years ago.
Will her adultery put her at a disadvantage when applying for custody of my child and will it affect who gets the house.
Expert:  AttorneyTom replied 6 years ago.



Even if you placed a deposit or have a subscription



Adultery can affect a custody battle. However, it's only a part of what courts consider. Ultimately, courts are supposed to focus on a child's best interests when establishing custody.

Use and possession of a marital home typically follows the child when a child is involved. This is to maintain stability for a child. However, both spouses retain their property interests in the home. In other words, if a house is paid off and worth $100,000 and the house is awarded to one spouse, the other spouse should receive that spouse's fair share of the marital home through the distribution of other assets (such as cash, vehicles, etc.).


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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