Twilight star Kristen Stewart has been caught cheating on her on and off screen boyfriend Robert Pattinson. Stewart admitted today to having a romantic fling with the director of her recent movie, “Snow White and the Hunstman.” Stewart and Pattinson are not married and do not have any children, however, the man Stewart had an affair with, Rupert Sanders, is married and has two children.
If Sanders was married in South Carolina, his wife could file an action seeking full custody of their two children and could seek a divorce based on the grounds of adultery. She would also ask for child support. In order to prove adultery in South Carolina, a Myrtle Beach divorce attorney must prove inclination and opportunity by clear and convincing evidence. In this case, Stewart’s admission could be used against Saunders in a divorce case. She could even be subpoenaed to testify about the affair.
Adultery can be very difficult to prove in South Carolina, and a private investigator is often needed to offer proof of a spouse’s adultery. This evidence may include pictures of a couple embracing, leaving a house or hotel, or as in this case, pictures of the couple embracing in a vehicle.
Adultery is not the only fault ground for divorce in South Carolina, habitual drunkeness, desertion, and physical cruelty are also fault grounds for divorce. South Carolina’s no fault ground is when the parties have been separated for one year or more. In some cases, evidence of adultery may affect who retains custody of the minor children. For example, if one spouse can prove that the other spouse committing adultery exposes the minor children to a paramour, this will effect the case. As a result, every Myrtle Beach divorce and custody attorney advises a client to refrain from entering into a romantic relationship when going through a divorce.
If Saunders’ wife decides to forgive her husband and the parties reconcile, she can not use his relationship with Stewart against him in a later proceeding. He will have an affirmative defense to her claim of adultery, reconciliation.
If you have questions about adultery in South Carolina, contact our divorce attorneys in Myrtle Beach, SC today.