What happens when you go see your spouse during divorce proceedings? Let’s take for example, a couple that is in the first few weeks of not living together. They have a plan in place; within a year, they will have a “no-fault” divorce. They believe their marriage was a mistake, and a separation is for the best. However, one evening, they see each other at a bar and begin to talk. At the end of the night, they go home together and the rest is history. However, what they might not realize, is that in South Carolina, spousal contact during divorce can seriously undermine divorce proceedings.
Spousal Contact During Divorce Proceedings: The Implications
If a court catches even a whiff of a couple’s doubt, they may not grant the divorce. South Carolina wants couples to make-up and solve their problems rather than divorce. Therefore, family courts in South Carolina always aim for making up rather than granting divorce. Therefore, couples that are still engaging in spousal contact with one another or continue to sleep together throughout a separation, might ultimately give the court a reason to not grant the divorce.
Cohabitation as a means for denial
In order for spouses to fulfill the one-year separation period, they cannot “cohabitate.” Cohabitation just infers that two people live together. However, when you bring this before a court that does not want to grant divorce, it can be a strong indicator that there is still something left of the marriage in their eyes. Therefore, doing so can put your proceedings at risk.
But, like any other aspect of family law, the judge holds the final bit of discretion. Therefore, the facts are very important for a case. If the judge is made aware that a couple is still sexually active, and spending time together, they are within their right to deny your divorce. But, if your situation was more of a ‘one-night’ kind of situation, they are more likely to grant the divorce.
These relationships can have an effect on your case
Ultimately, if you’re feeling doubtful about your chances with a divorce case, speak with your divorce attorney. They will be able to analyze the situation, discuss possible outcomes, and help you figure out the next step. We wish you luck as you move forward with your divorce!
