To prove adultery in South Carolina, you must show by clear and convincing evidence that your spouse engaged in sexual relations with someone else.

Adultery is one of the fault-based grounds for divorce in South Carolina. To prove it, you need evidence that shows your spouse had sexual intercourse with another person. This evidence must be clear and convincing, not just based on suspicion or hearsay. You cannot use your own testimony alone to prove adultery. The court will consider various types of evidence, including photographs, text messages, emails, witness testimony, and financial records showing spending on a lover. However, if you knew about the adultery and continued to live with your spouse afterward, you may have "condoned" the behavior and cannot use it as grounds for divorce.

Types of Evidence to Prove Adultery

• Photographs or videos showing the couple together in compromising situations
• Text messages, emails, or letters with romantic or sexual content
• Hotel receipts, travel records, or other evidence of overnight stays
• Witness testimony from people who saw the couple together
• Social media posts showing inappropriate relationships

Evidence Comparison Table

Legal Considerations

South Carolina law requires "clear and convincing evidence" to prove adultery. This is a higher standard than "preponderance of evidence" but lower than "beyond reasonable doubt." You must show that sexual intercourse actually occurred, not just that your spouse was emotionally involved with someone else. If you have also committed adultery, you cannot use your spouse's adultery as grounds for divorce unless the adultery occurred within six months before filing. The court may also consider adultery when dividing marital property or awarding alimony, typically resulting in a less favorable outcome for the adulterous spouse.

Common Defenses to Adultery Claims

• Consent or condonation by the other spouse
• Insufficient evidence to meet the clear and convincing standard
• Recrimination (both parties committed adultery)
• Statute of limitations if too much time has passed
• Lack of