Divorce -- adultery Flashcards
What is adultery?
Adultery is the illicit intercourse between two persons, one of whom, at least, is married.
What does ‘illicit intercourse’ mean?
‘Illicit intercourse’ does not require the normal act of sexual intercourse (coitus) between a man and a woman.
What is sufficient proof of adultery?
Proof of ‘sexual intimacy’ is enough to support a finding of adultery.
What type of evidence is acceptable for adultery?
Circumstantial evidence of adultery is acceptable.
Is mere proof of presence sufficient to prove adultery?
No, mere proof of presence is not enough.
What is needed in addition to proof of presence to establish adultery?
Need the inclination and opportunity to commit adultery.
Does adultery require actual sexual intercourse?
No, adultery does not require actual sexual intercourse, other sexual acts ok
What are the key elements we are looking for in adultery cases?
We are looking for inclination and opportunity to commit adultery.
How does adultery impact property, alimony, and attorney fees?
Adultery impacts property, alimony, and attorney fees.
Does adultery always impact custody?
No, adultery does not always impact custody.
How could adultery impact visitation rights?
Children can’t be in the presence of the paramour.
What happens if the paramour gets married?
They are no longer a paramour; they are now the spouse and stepparent.
What is required to obtain a divorce on the ground of adultery in South Carolina?
The proof of the alleged adultery must be clear and positive, and established by a clear preponderance of the evidence.
What must the proof of adultery in South Carolina identify?
The proof must be sufficiently definite to identify the time and place of the offense, and the circumstances under which it was committed.
When should a divorce on the ground of adultery be denied?
A divorce on the ground of adultery should be denied if proof of guilt is inconclusive after due consideration of all the evidence.
What evidence is insufficient to conclude that adultery was committed?
Evidence placing a spouse and a third party together on several occasions, without more, does not warrant the conclusion that adultery was committed.
What is the main reason for the rule requiring corroboration of adultery?
The main reason for the rule requiring corroboration of adultery is to prevent collusion.
When may the rule requiring corroboration of adultery be relaxed?
The rule may be relaxed where it is evident that collusion does not exist.
Is corroboration needed for an uncontradicted admission of adultery?
There is no need to corroborate the uncontradicted admission of adultery by a husband against his own interest.
What is a ‘preponderance of the evidence’?
It is evidence which convinces as to its truth.
Why is direct evidence rarely available in adultery cases?
Because of the clandestine nature of adultery, obtaining evidence by eyewitness testimony is rarely possible.
Is direct evidence necessary to establish the charge of adultery?
No, direct evidence is not necessary to establish the charge.
Is a lower standard of mental impairment appropriate in a divorce action?
No, a lower standard of mental impairment in a divorce action is not appropriate.
What degree of mental impairment must be proven in criminal cases?
The same degree of mental impairment must be proven in criminal cases.
