South Carolina’s case law for adultery has mixed results. Some cases hold that the burden of proof for adultery is the “preponderance of the evidence.” Other cases hold the burden of proof or adultery to be “clear and convincing evidence.” However, other cases, such as 2010’s Gorecki v. Gorecki claim the standard is “clear and convincing preponderance of the evidence.” Therefore, South Carolina’s standard of proof for adultery is somewhat of a hybrid between these two aspects. But, what exactly do they mean?
SC Standard of Proof for Adultery
Preponderance of the Evidence
It’s important to understand the distinction between the two methods we are discussing above. This study of the evidence is a standard in most civil trials. It essentially means that the facts, after investigation, are conclusive and true.
Clear and Convincing Evidence
Clear and convincing evidence is a higher standard of proof than the previous. It means that the claim of adultery and the evidence should show that the claim is more likely true than not true.
The South Carolina Standard
Therefore, in South Carolina, the burden of proof lies between these two standards. It does not rise to the level of “substantially more likely than not”. But, your evidence should at least point to the fact that there’s a more than 50% chance that it did happen.
It all comes down to the facts
If you have a “hunch” that your spouse is cheating, you can’t submit an adultery claim solely based on your assumption. You need some sort of proof or damning evidence. Take for example, video evidence, emails, text messages… hearsay is not going to be enough. However, if you have multiple, reliable accounts— there is potential.
If you’re having doubts, seek help
You should not be left feeling helpless if you have a cheating spouse. You’re likely unsure if you have a case for adultery, but you just might. So, speak with an attorney. Provide that attorney with what you know, the evidence you have, and the path you intend to take from this moment. You’ll never know where you stand just by doing a little research. We wish you luck in this difficult time, and offer our services if you need them.
