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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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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: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months 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 11 months 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:

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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 11 months 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.