What is marital misconduct?

Marital misconduct is defined as any wrongful behavior committed by a spouse against the other during the course of the marriage. In South Carolina, marital misconduct is used to determine fault in a divorce. Examples of marital misconduct include adultery, abuse, abandonment, or other cruel behaviors. Adultery is the most common form of marital misconduct in South Carolina. To prove adultery, the plaintiff must show both that their spouse had a sexual relationship with someone else and that a third-party witnessed the act. This can be difficult to prove, as it requires evidence that the act took place. Abuse is also considered marital misconduct in South Carolina. Abuse may take many forms, such as physical, emotional, or sexual. To prove abuse, the plaintiff must show that their spouse intentionally and repeatedly caused fear or pain. Evidence such as medical records or witness testimony may be required in order to prove abuse. Abandonment may also be considered marital misconduct in South Carolina. To prove abandonment, the plaintiff must show that their spouse has left them with the intent to end the marriage, and that they have been left without food, shelter, or other basic needs. In South Carolina, marital misconduct is considered when determining fault in a divorce. It is important for all parties involved to be aware of the laws surrounding marital misconduct and be prepared to present the necessary evidence should the situation arise.

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