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South Carolina Family Law Blog Information and Insight On Family Law Issues In South Carolina

Proof of Adultery in South Carolina

By J. Benjamin Stevens on Posted in Divorce

How does one prove this his/her spouse had “illicit intercourse” with another person? Rarely is one able to obtain absolute, conclusive evidence of this activity, such as a video of the spouse actually having sex with his/her lover. Fortunately, in South Carolina, that is not required.
In our state, the two elements that must be proven are (a) inclination and (b) opportunity for one’s spouse to commit adultery. The elements may be (and typically are) proven by circumstantial evidence, which must be clear, positive, and sufficiently definite to identify the time and place of the offense.
In other words, placing one’s spouse behind closed doors with the lights out with a person with whom they are romantically involved will raise a rebuttable presumption that the spouse has committed adultery. In most cases, a licensed private investigator can obtain the needed proof to present in Court at a hearing.

  • Chelle

    What if the spouse has admitted to you and so has the mistress? Say maybe your spouse was with another married couple. Could that be used in court if they were under oath?

  • VICKI ROACH

    If he or she committ to adultery and goes back to him or her and try to work out there marraige is that still a adultery

  • M Page

    is printed out paers showing your spouse is participating in multiple online dating sites labling him as single and looking for a female concidered enough proof of adultry? what would you need if not? thank you. mp

  • Allen04

    My spouse and I have been seperated for a year but have not gone through any legal seperation. She now has a female lover living in the house with our children. How do i prove adultry?

  • Suzanne

    Can i use my spouses written admittance of an affair and them having a password on the computer as proff of adultrey in SC?

  • barnettte

    My wife and I seperated in January 2005 because i was working full-time and she wasnt working but she still refused to clean the house.I would work a full shift come home and clean while she had been all the couch eating or sleeping or watching tv all day.We seperated and one month into our seperation I had a one night stand with a woman.the next month my wife and i reconciled and i confessed it to her.she said it was fine and we would forget it and move on.This past spring i found out she has been having an affair with her high school sweetheart since after we reconciled and still is.what are my chances of a quick divorce and custody of our 10 yr old daughter.we have a 16 yr old son with autism but shes doesnt want him.she has said i can have him.

  • cw

    I have a signed agreement finally. On Tuesday I has a preliminary hearing. I have also filed a commplaint on grounds of adultery. Right now he is with her and not sure if he is coming for the hearing. How is this going to effect things if at all

  • cw

    Also with husband still having to answer complaint. During the preliminary hearing how is it viewed in the eyes of the court of him not being there (where he is). Also once there is a signed agreement is he free to continue adulterous acts until the court hearing? Or is he still technically married until the final court date

  • kt

    is finding condoms in a breifcase enough proof??????????????????

  • Rose

    What if the other woman calls you and tells you that she and your husband have been corresponding after she met him on a dating site? Can I subpoena his text messages? He has been corresponding with several women. I have seen these texts and emails and have copied them to a thumb drive. Will this be enough to prove adultery?

  • Jen

    if husband is deemed adulterer, does this mean automatic alomony?? – lifestlye that I have become accustomed to? what is that?