The discovery that your partner has had an affair can be one of the most devastating news a person can get. You might want to file for divorce in Greenville, South Carolina right away. However, it’s important to take a deep breath. Divorce is as much a legal decision as it is an emotional one. The choices you make in your divorce settlement will have an impact on your financial life and your children for years to come. Before filing for divorce, consider reaching out to the divorce lawyers at the Hayes Law Firm Upstate Attorneys, LLC, divorce lawyers in Greenville, South Carolina.
South Carolina is one state where individuals can file for “fault-based” divorce, and adultery is one of the fault-based grounds individuals can cite when filing for a fault-based divorce. However, some couples may still choose to settle their differences outside of court and file a “no-fault” divorce even if adultery was an issue. Why? When filing for a “fault-based” divorce, the adultery can end up on the public record as the grounds for divorce and couples may need to discuss the divorce in court, meaning that personal information will be on the public record. Some individuals choose to keep the “fault-based” divorce grounds on the table only as a last resort option when negotiating a divorce settlement with a cheating former spouse. This allows both parties the ability to protect their privacy. However, there are many reasons why an individual may choose to file for a fault-based divorce, especially when adultery can be a complete bar to alimony. Not sure what your next steps should be and not certain about whether you should file for fault-based or no-fault divorce? Reach out to the Hayes Law Firm Upstate Attorneys, LLC, divorce lawyers in Greenville, South Carolina today.
How Cheating Can Impact Your Greenville, South Carolina Divorce
If your partner cheated on you, or if you cheated on your partner, this can impact your divorce in many ways. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can review your case to help you understand your rights, options, and obligations under the law. Here are some ways that cheating can impact your divorce:
- You may be able to file for divorce on fault-based grounds. If your partner committed adultery, which is defined as having sexual intercourse with another person, you may be able to file for a fault-based divorce. While adultery, in and of itself, might not automatically impact other aspects of your divorce, like child custody, if you file for fault-based divorce, you may have more options when seeking alimony or when asking for certain provisions in your child custody agreement.
- Dissipation of Assets. While your partner was cheating on you, he or she may have taken a new partner out on dates, purchased gifts, or even may have chosen to travel. If the money your spouse spent on a new partner was from marital funds or marital assets, you may be entitled to recoup these losses in your divorce agreement. First, it will be important to separate marital assets from separately-owned assets. Next, it will be important to determine exactly how much money a partner may have spent on the affair. This can get complex, but could have an important impact on your divorce settlement. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can assist you with this process.
- Child Custody. Don’t want your children spending time with your partner’s new fling? You may be able to have a say about this in your child custody agreement. If you are concerned for the safety of your children around a new partner (if your former spouse’s new partner has been violent, does drugs, drinks to excess, has a criminal record, or is a danger to your children) this may also be addressed in the child custody agreement. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you understand your rights and options when it comes to child custody and assist you in taking steps to protect the best interests of your children.
- A spouse who commits adultery can be barred from receiving alimony, so long as you are not deemed to have “condoned” the adultery. Reconciling or having a sexual encounter with your spouse after learning of the adultery can be a defense to the adultery fault grounds.
These are just some ways in which cheating or adultery can impact your divorce. If you have questions about your rights and options after discovering a partner’s affair, consider reaching out to the Hayes Law Firm Upstate Attorneys, LLC, divorce lawyers in Greenville, South Carolina. Our attorneys can review your situation to help you understand the next steps. Every divorce case is unique. USAttorneys.com can connect you with the divorce lawyers in Greenville, South Carolina at the Hayes Law Firm today.