Proving adultery can be challenging. Evidence must be carefully gathered and presented to the court. The other spouse may deny the allegations and attempt to discredit the evidence. Hiring a private investigator can be helpful in gathering evidence, but their testimony must be credible. some evidence, like illegally obtained emails or phone records, may be inadmissible in court. honestly, a skilled attorney can navigate these challenges and build a strong case.
honestly, south Carolina law recognizes the defense of condonation. If the accusing spouse knew about the adultery and continued to live with the offending spouse, they may have "condoned" the act, making it unavailable as a ground for divorce. or rather
In South Carolina, adultery is a ground for divorce. If tested, it can significantly impact alimony awards and property division. However, proving adultery requires presenting sufficient evidence to the court. This is not always straightforward, and understanding the legal definition and standards is crucial.
The burden of proof in adultery cases in South Carolina rests with the accusing party. They must provide "clear and convincing" evidence that adultery occurred. This is a higher standard than "preponderance of the evidence," which is often used in other civil cases. Clear and convincing evidence means that the truth of the facts asserted is highly probable.