Is sexting considered adultery in South Carolina? “Sexting” is not adultery, but it can be evidence of adultery – you need only prove 1) inclination (sexting would certainly imply inclination) and 2) opportunity.

What counts as adultery in SC?

Under South Carolina law, adultery is defined as intercourse between a married person and someone other than that persons spouse. Commonly, we refer to it as “cheating.” In South Carolina, cheating on your spouse can have some serious financial and legal consequences when you decide it is time to file for divorce.

Can text messages be used in court to prove adultery in SC?

If no one has seen the affair in progress, you might have a hard time not only filing for divorce but proving the affair at all. To establish a fault-based divorce for adultery you need hard proof, and text messages can do that.

Can you sue for adultery in South Carolina?

South Carolina does not recognize claims for “alienation of affection” or “criminal conversation.” So, you cant sue your spouses lover for breaking up the marriage.