South Carolina Supreme Court Rules on Condoning Adultery
A recent decision by the South Carolina Supreme Court addressed the issue of whether a spouse can consent to adultery. The trial court granted a divorce based on the husband condoning the adultery of the wife. The husband had argued the defense of recrimination (in South Carolina the means both husband and wife have acted improperly and one party no longer wants a divorce). The trial court was required to considered the recrimination defense because it was undisputed that both parties had committed adultery.
The South Carolina Court of Appeals found that the trial court erred in its determination that there was insufficient evidence for granting a divorce based on adultery. The divorce was granted based on the separation of the parties for over one year. The South Carolina Supreme Court ruled against the appellate court and found that the South Carolina trial court was in a better position to determine the credibility of the witnesses and when the adultery may have occurred. Our South Carolina divorce lawyers in Myrtle Beach are experienced on in handling adultery based divorces. A good divorce attorney in Myrtle Beach can help with your divorce.
It is important to speak with a qualified South Carolina divorce attorney. Hiring a good divorce attorney will greatly increase how your case is resolved. Our attorneys in Myrtle Beach are qualified to handle any type of family law matter. The divorce rate in American is always an interesting issue. The statistics vary depending on the age of the parties when they get married.
