The Consequences of Adultery: 4 Ways It Could Impact Your Divorce

When people get married, they hope it will last a lifetime. Unfortunately for some, this is not the case. Some studies show 40 to 50 percent of marriages will ultimately end in divorce

Dealing with the dissolution of a marriage can be hard, but adultery often makes it far worse.

In the state of South Carolina, adultery and divorce are treated differently than in other states. A claim of adultery can have adverse consequences when it comes to divorce settlements.

If you believe your spouse has committed adultery, continue reading to learn the four consequences of adultery.

1. Adultery Can Cut the Time it takes to Divorce in South Carolina

Adultery is considered to be “fault-based” grounds for divorce. When a spouse has proof of infidelity, South Carolina adultery laws allow for a quicker divorce. In some cases, the marriage can be dissolved in as little as 90-days.

This double speed timeline is beneficial to the spouse that has been cheated on because they can bypass legal separation requirements that apply to some no-fault divorce cases.

A fault-based adultery divorce is not as simple as making an accusation, however. There is a burden of proof that has to be satisfied. The petitioner has the burden of proving adultery took place, and the accused naturally may have an interest in showing that it did not.

2. Is Adultery a Crime?

Some people ask is adultery a crime. If you ever consider committing adultery, make sure you don’t live in a state where it is illegal. There are about 20 states where adultery can leave you with a criminal record if pursued.

South Carolina is one of them. Although the chances of being prosecuted are highly unlikely, you could spend up to six months in jail and pay a $500 fine.

3. Consequences of Adultery Affect the Right to Alimony

When most people think of cheating spouses, they immediately believe it was the husband. Conversely, in terms of alimony, the stereotype is of a woman who gave up her chance at a career to stay at home and raise the kids.

The truth is BOTH men and women cheat. Regardless of which way adultery and divorce play out, a person who commits adultery may not be entitled to receive alimony. Forfeiture of alimony is one of the many consequences of infidelity.

4. Division of Property can be Impacted

South Carolina adultery laws may be favorable to the spouse filing for divorce if adultery is at the heart of the break-up. In such cases, the judge has the discretion to assign less of the marital debt and a larger percentage of marital assets to the party harmed by the infidelity.

Are You Dealing with Adultery in Your Marriage?

Divorces are often the ultimate consequences of adultery. If your marriage is beyond reconciliation, you will need an attorney to help you navigate through the process.

Where children are involved, you will want a law firm that specializes in family law.

Click here to schedule a consultation.

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Is There a Good Time to Get a Divorce with Young Children?

You’ve probably heard that 50% of all marriages end in divorce, but did you know that 66% of all divorced couples in America are childless?

Does that mean that couples with children work harder to keep their family together?

Maybe, but 40% of such couples still end up divorcing.

Besides the financial considerations and legal issues, divorce is complicated, especially when kids are involved.

If you find yourself in a failing marriage and are ready to file for divorce, timing can be everything.

Is there a right time to get a divorce? We’ll explore that question in this guide to getting a divorce with young children.

Divorce with Young Children

Clients often ask if there is a right time to divorce with young kids. While it would be ideal if there were a magical age where kids are less affected by a divorce, there are many factors that surround the decision to file or wait to divorce.

Worst Age for Divorce for Children

Because young, preschool-age children depend on their parents for so much of their care during this time, the effects of divorce on this age group can be long-lasting.

Not having another adult in the home means all of the responsibilities fall on the newly single parent. A young child will realize that you no longer have the same amount of time or energy for the usual routine.

If you are not in a violent or high conflict marriage, it may be best to wait until your youngest child is in school before divorcing.

Once your child has friends and is gaining some independence, the disruption of divorce will not be as difficult to handle.

Early Adolescence

As if early adolescence is not a tough enough time in a kid’s life, adding a parents’ divorce into the mix can throw them into a tailspin.

If your preteen or young teenager is going through some developmental issues or failing in school or falling in with the wrong crowd, it could be in your best interest to hold off on filing for divorce if at all possible

*Note: Each situation (young kids to teenagers) warrants its own examination, however. Again, there is no magic 8-ball to say this age is any worse than another.

Custody in a Divorce with Young Children

A divorce with young children also has a custody component. Each state has different laws regarding custody of minor children.

In South Carolina, for example, there is no automatic legal right to custody for either parent. The judge will order a custody arrangement that has the best interests of the child in mind.

There are financial obligations coupled with custody agreements. A parent may be ordered to pay child support for many years depending on the type of custody arrangement.

Is There a Best Way to Get a Divorce?

There is no easy answer here. If your marriage is difficult on everyone, it is probably best to end it as soon as possible.

If your children are at vulnerable ages and you and your spouse can keep it together to protect them, that may be the better choice in the long run.

We help with divorces with young children and provide support for many other aspects of family law. Contact us with your questions.

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Divorce Planning: What You Can Do to Prepare for a Divorce

The good news is, divorce rates aren’t as high as they used to be. The bad news is, divorce is still happening.

Divorce is never an easy thing, whether both parties are peacefully agreeing to it or not. One of the most complicated parts about divorce is that it can not only affect the two spouses, but it also has an effect on children and other close members of the family.

When you are in a marriage but preparing for a divorce, there are a handful of steps to take to make the process a little easier on everyone. There are things you can do to help the legal, financial, and mental processing.

Keep reading to discover ways to prepare in the midst of divorce planning. There’s sure to be something to help you along the way.

Mentally Prepare for Divorce

It’s no surprise divorce planning can take a toll on your mental health. You worry about law processes, splitting assets, and leaving someone who used to be your best friend.

One of the best ways to prepare is to put yourself in a good mental space. Look into seeing a therapist a few times a month. Talk out your frustrations to someone who has no bias.

Whenever there are arguments during the divorce process, have a healthy escape or a hobby to turn to. Pick up an old passion or practice learning a new one to get your mind off things for a bit.

Prepare Your Kids for Divorce

Divorce planning is much more stressful if you have children to worry about. No matter how young or old they are, it’s important to support your family through divorce.

While this task seems daunting, it can be as simple as checking in nightly to see how your children’s days went. Make sure to explain to them they are not the cause of the divorce and speak with your spouse to make sure they are also present during times of support.

It’s also likely you will have to reach a custody agreement with your spouse. No matter what custody agreement you choose during the divorce planning, take time to explain the changes to your children and be open to any questions and concerns they have.

Take time to sit down and create a parenting plan with your spouse. If needed, hire a mediator.

Plan Financially for Post-Divorce

One important way to prepare for a divorce is to protect assets before a divorce. Whether this means large pieces of furniture or the plates you bought together, take time to talk it out.

Make sure to also start working through taxes and finances, and open a separate bank account to build up your own savings. Your financial situation may be tough after the divorce so prepare now.

The sooner you start making yourself financially independent, the better. Becoming financially independent will also give you a sense of pride and confidence to help you through the divorce planning.

Divorce Planning Made Easier

To make divorce planning a tad easier on yourself and everyone else, read the tips above. A little help can go a long way.

Make sure to prepare yourself mentally through things like therapy or new passions. Talk with your kids and prepare them for new changes. Lastly, start organizing your finances.

If you have any questions on divorce, adoption, or any other law processes, check out the rest of our site.

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