Robert Pattinson has canceled public appearances to promote his film “Cosmopolis.” News broke earlier that his longtime girlfriend, Kristen Stewart, cheated on him with director Rupert Sanders. Stewart issued an apology to Pattinson, but it appears that he has not forgiven her for her indiscretion.
If Pattinson and Stewart had been married in South Carolina, he would be able to file a divorce based on adultery. Proof of adultery in South Carolina as a ground for divorce must be “clear and positive.” However, every divorce attorney in Myrtle Beach, and all over the State know that adultery can be proved using circumstantial evidence that establishes the inclination to commit adulterous conduct as well as the opportunity to do so. Direct evidence is not required. However, evidence that a spouse was with a member of the opposite sex on several occasions is not enough, more evidence of affection is needed.
In this case, if he had been married to Stewart in this State, Pattinson’s Myrtle Beach divorce lawyers could use the pictures published by Us Magazine to prove adultery. The pictures show Stewart and Sanders embracing. Additionally, Stewart’s public apology could also be used against her by a family law attorney in Myrtle Beach in court as an admission. Additionally, a Horry County divorce lawyer could take Stewart’s deposition and ask her questions about her relationship with Sanders.
Once adultery is proved at a final hearing for divorce, it is a bar to alimony. It is the law in the State of South Carolina that “no alimony may be reward to a spouse who commits adultery.” Therefore, if Pattinson is successful on his claim of adultery, Stewart would not receive any alimony from him.
Evidence of fault may also affect equitable distribution. When determining how to divide the assets acquired by the parties during a marriage in South Carolina, the Horry County Court considers a number of factors, including but not limited to the length of the marriage, marital misconduct, contribution to the marriage by each spouse, the income of each spouse, heath and retirement benefits, any award of alimony and child custody. All property acquired during the marriage is part of this process unless the court determines that some of the property is non-marital.
Here, Pattinson may receive more than half of the assets if he is successful on his claim of adultery. Call an experienced Horry County divorce lawyer to discuss your case today.