Anyone here ever went through a separation or divorce?

[2000grad]

Originally Posted by The Yancey

Unless she knew she was being recorded you could go to jail. Happened down here. PLEASE, just hire a attorney.

First off, recording conversations is a federal law. Second, only one party has to be aware of the recording. Third, unless there is a reasonable right to privacy, it will stand up in court.

[2000grad]

Originally Posted by usc90grad

I'm pretty sure in SC, only one party has to be aware the conversation is being recorded. So if it was him and his wife, he's fine. But if it was his wife and her BF, then that's illegal.

Again an affair only matters when it comes to alimony since SC is a no-fault state. The best he's going to get is 50% custody and 50% of their martial property...unless his wife agrees to less. That's the part that sucks when it comes to a spouse cheating.

States are so weird about the language they use in the laws, but SC does notuae the term "no fault". The grounds would be physical separation for one year.

[usc90grad]

^ No fault just means you don't have to show a reason to get a divorce. It also means the actions of one party...like adultery...don't matter except for alimony.

He could always pursue alienation of affection against the guy that had an affair with his wife and go after him financially. That's where having documented proof of the affair from a 3rd party (PI) is a must. But it is VERY expensive to pursue an AOA lawsuit. Your legal fees will kill you and it's no sure thing you're going to win.

Not trying to come off as a know it all...I've just lived it and it was a heck of a learning experience.

[Hog]

Originally Posted by usc90grad

^ No fault just means you don't have to show a reason to get a divorce. It also means the actions of one party...like adultery...don't matter except for alimony.

He could always pursue alienation of affection against the guy that had an affair with his wife and go after him financially. That's where having documented proof of the affair from a 3rd party (PI) is a must. But it is VERY expensive to pursue an AOA lawsuit. Your legal fees will kill you and it's no sure thing you're going to win.

Not trying to come off as a know it all...I've just lived it and it was a heck of a learning experience.

Ya damn know it all

[usc90grad]

Originally Posted by Hog

Ya damn know it all

What's up you crazy old pervert?

[2000grad]

Originally Posted by usc90grad

^ No fault just means you don't have to show a reason to get a divorce. It also means the actions of one party...like adultery...don't matter except for alimony.

He could always pursue alienation of affection against the guy that had an affair with his wife and go after him financially. That's where having documented proof of the affair from a 3rd party (PI) is a must. But it is VERY expensive to pursue an AOA lawsuit. Your legal fees will kill you and it's no sure thing you're going to win.

Not trying to come off as a know it all...I've just lived it and it was a heck of a learning experience.

If I am not mistaken, alienation of affection is not a reason that someone can file in SC.

Like I said, it's all the jargon used

[uscfan1]

Originally Posted by USCBatgirl21

Intent and opportunity is all that is needed in SC.

How would someone prove intent?

Don't put condoms on the visa?

[etowngangsta]

It's actually inclination and opportunity. You must provide viable circumstantial evidence to prove it. An example would be video evidence or a picture that shows your spouse went into her boyfriends house and was there for a period of time without leaving.

[The Yancey]

I recommend this legal group.