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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37377
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I had an affair Dec 2013. My wife found my second cell phone

Customer Question

I had an affair Dec 2013. My wife found my second cell phone and read the text messages. I ask her not to file for divorce and she agreed. She recently decided that she couldn't live the fact I had cheated on her and filed for adultery. She and I talked and once again she forgave me. She told her attorney she didn't want the divorce and finally destroyed the phone by throwing it in the lake. I was wrong by having the affair but it's difficult to move ahead with her knowing that she may change her mind again. In the state of South Carolina can she still file for a divorce on adultery?
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome. My name is ***** ***** I will do what I can to help..In the state of South Carolina can she still file for a divorce on adultery?.Unfortunately the answer is yes, the fact that she destroyed the phone wouldn't mean that she still couldn't file for divorce and base the filing on adultery. However, if you have reconciled and engaged in sexual relations after she became aware of the adultery, then that can serve to defeat her claim of adultery as a reconciliation. This is called condonation and can be a defense against a divorce. Condonation is when one party, who has been cheated on, takes actions that imply that he condoned the adulterous behavior and that the parties are reconciling. If the infidelity was discovered, you could forfeit any claim of adultery if you reconcile with the cheating spouse. Condonation can occur by having sexual relations with the spouse, letters or emails forgiving the infidelity, or moving back in together. Again, there are no clear, black and white rules on condonation either and it will but up to the Judge to determine the facts and decide whether adultery was forgiven...thanksBarrister
Customer: replied 2 years ago.
If I understand your system, I have 10 minutes of your time remaining. If this question can be answered in that time frame, please do so...if not ignore it. How often, in the state of South Carolina, has a judge ruled in favor of the plaintiff filing for divorce for adultery after condonation?I understand it's a judgement call and each judge is different.Thank you...
Expert:  Barrister replied 2 years ago.
Honestly, there is no way to know what goes into a judge's mind when they are making a decision. In some cases, one spouse has refused to provide any type of affection or sexual relations over a long period of time and the other spouse is forced to seek it elsewhere. Those cases are different than ones where the spouse who is cheated on is "innocent" and the other spouse simply chooses to go outside the marriage for affairs. So since each case is entirely different with a completely different set of facts, there is no way to know what type of percentage a judge rules in favor or against a spouse who has gone outside the marriage...thanksBarrister