QUESTION

If I cheated on my husband and we have sex can he still file divorce under adultry

Asked on Aug 21st, 2013 on Divorce - South Carolina
More details to this question:
I cheated on my husband. I am staying with with him and trying to work it out so he does not file for divorce under adultry. I do not want be with him. If we go to counseling and have sex can he still still file under adultry? Or will sex just do it? Bc I want to get a divorce but under unreconcible differences.
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1 ANSWER

The real question is whether he knows you cheated.  IF he knows you cheated and is still staying with you and you continue your relationship you may be able to avoid the adultery allegation.  However, in South Carolina there is no "unreconcible" differences.   The statute you are referring to as the "no fault" divorce in South Carolina is one year separation.  You can get divorced if you have been separate and apart for at least one year before the filing of the divorce. If you want a divorce quickly, this will not work for you, as the year does not start until you have separated from him (meaning apart from him and no more sleeping with him).  
Answered on Aug 22nd, 2013 at 3:47 PM

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