Your marriage is over. You and your spouse have decided to divorce.
But divorce in South Carolina can take a long time, especially if you file for a no-fault divorce which requires one year of separation.
You know you don’t want to stay single after your divorce and you’re ready for a fresh start. You feel that maybe it’s time to start looking for a new relationship.
You may be wondering: “Can I start dating while I’m separated from my spouse even though my Charleston divorce is not finalized?”
In nearly all cases, it is best to avoid dating before your divorce is finalized. This is true for two major reasons.
Reason #1: Dating During Divorce Can Be Considered Adultery
Dating before your divorce is finalized can lead to accusations of adultery.
Why does it matter if you commit adultery?
Because adultery can transform your divorce into an at-fault divorce.
In South Carolina, there are two types of divorce: no-fault and at-fault divorce. If you are going through a no-fault divorce and get caught committing adultery, your divorce may turn into an at-fault divorce, which can have serious consequences for you.
Proving adultery requires two components in South Carolina law. Your spouse only needs to prove that you had the opportunity and inclination to commit adultery.
To prove inclination, your spouse only needs to show that you have expressed romantic interest in another person. This can be accomplished through many ways such as through a private investigator or text messages.
To prove opportunity, your spouse only needs to show that you and the other person had enough private time alone for a sexual relationship to occur. They do not have to prove that sexual intercourse actually took place.
If you end up being found to have committed adultery In South Carolina, you would be considered the person “at-fault” and can be subjected to several penalties:
- Alimony: If you commit adultery and are required to pay alimony, the fact that you committed adultery can cause your alimony payments to your spouse to be higher. If you would have received alimony before the adultery, committing adultery would prevent you from getting any alimony.
- Property Division: Committing adultery can also affect how marital property is divided, especially if a judge is deciding. In South Carolina, property is not divided equally but equitably. Adultery can cause a judge to award less to you during the division process due to the misconduct of adultery.
- Child Custody: Adultery may also be a minor factor when it comes to determining child custody by a Family Law Court. Custody is decided based on the child’s best interests and a judge may use your adultery against you if you expose your child to your new partner, especially on an overnight basis.
Abstaining from the appearance of adultery is very important if you want to protect your best interests in a South Carolina Divorce.
Reason #2: Dating Can Stir Up Negative Emotions in Your Current Spouse
You may think that you can get away with dating if all encounters stay in a public setting so that you are never alone with your date, and thus opportunity cannot be proven.
However, avoiding dating before your divorce is final is also wise for another reason. Showing your spouse that you’re ready to move on from them in a short amount of time can trigger negative emotions such as jealousy or anger.
This can cause your spouse to become more combative during the divorce process, which can shut down compromise and lead to more conflict and a longer divorce. In cases of divorce mediation, your spouse may decide to end mediation and instead pursue divorce through the Family Court System.
The eventual result can be more money paid to lawyers and a less favorable divorce settlement.
Get Divorced with Dignity by Choosing Divorce Mediation
The best thing you can do to protect your interests is to put aside dating until after your divorce. It is wiser to exercise patience and keep your eyes on the goal of getting a fair, fast divorce by being empathetic towards your current spouse as you work through ending your marriage.
Getting divorced through divorce mediation can be a faster, more affordable way to divorce, but it requires cooperation from both spouses. By sacrificing dating now, you can ensure simpler negotiations and a better future for you and your family.
Call our office today to learn more about your options.
About Kenneth Peck
Kenneth Peck is a certified Charleston Family Court Mediator with more than 40 years of experience as a divorce attorney. He uses his knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.