Legal Question in Family Law in South Carolina

Sued for Alienation of Affection and/or Adultery Being a Criminal Offence

We just got off the phone consulting an attorney in Columbia SC, with concern on being sued civilly or criminally due to wife filing for divorce due to adultery. My boyfriend left his marriage and we began our relationship (physical) after he came to Missouri where I live, i.e., we met on the internet and spoke on the phone but did not meet face to face or begin living together until after he notified his wife that he was leaving and then left.

The attorney we spoke to stated that the SC legislature had eliminated ''Alienation of Affection'' as grounds for a civil suit. However, adultery is still considered a criminal offense which is typically not prosecuted. But further advised that because the adultery did not occur in SC the adultery could not be prosecuted by SC.

After consulting with the attorney we feel more comfortable in submitting the requested affidavites to the wife's lawyer(from both of us) that we are living together in a romantic relationship. In order for the divorce to proceed. Would you agree with the statement(s) provided to us from the first attorney above.

Again, we would greatly appreciate a second opinion on this matter. Thank you in advance.

Respectfully Submitted

Asked on 5/16/02, 3:34 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law
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Re: Sued for Alienation of Affection and/or Adultery Being a Criminal Offence

I do not know what "affidavits" the wife's attorney wants you to sign, but I would continue to be very careful if I was in your situation. It may be possible for the wife to file a suit here in Missouri based upon alienation of affections, and you may be making admissions which would hurt you in such a suit. It is clear that Missouri has recognized a cause of action in such cases. Perhaps the husband needs to be represented by an attorney in the divorce proceedings.

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5/16/02, 10:28 pm

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