Does Watching Porn Count as Cheating, in South Carolina?
If your spouse views pornographic material it is not considered adultery under SC state divorce laws. It may, however, provide leverage during divorce litigation.
In South Carolina, there are two types of divorce: fault-based and no-fault. Often referred to as unreconcilable differences, the no-fault divorce requires living separate and apart for more than a year.
Adultery is one of the fault grounds for divorce. The others are habitual drunkenness, physical abuse, and desertion.
If your partner watches porn, you have the option of filing a no-fault divorce.
Divorce Based on Adultery, SC State
Watching porn is not adultery and neither is visiting an adult dating app. In order to confirm adultery, you must prove two things:
- Opportunity – meaning your spouse had an opportunity to cheat; and
- Inclination – which means your spouse wanted to cheat.
South Carolina divorce laws require more than watching porn or visiting a dating website. These two things might show an inclination to commit adultery, but they don’t rise to the level of cheating. Adultery is with another person, which means you must obtain testimony from someone who witnessed the adultery. A private investigator or friend can help provide that testimony. Sometimes the paramour can be compelled to testify as well.
Options if Your Partner Watches Porn
Often, catching your spouse watching pornographic videos or other material can create such a breach of trust that it’s hard to ever recover your relationship. If that’s the case, you have the option of filing a no-fault divorce. Catching your husband watching porn can be used to bolster your position during settlement negotiations.
It’s possible that the event leads to finding more evidence that your spouse is engaged in a relationship online or in person. Evidence of one thing, like watching pornographic material, can lead to discovering more damaging evidence.
The world changes at such a rapid pace it’s hard to keep up with all the nuances of law and culture. The law lags behind because law-making is a slow process. As more live chat options become available, it might have negative consequences for marriages across South Carolina and prompt the state legislature to make changes to divorce laws. Until they do, online cheating is not adultery.
If You Need Help
A complete separation can be hard for you and your family. A divorce attorney can advise you or a friend navigating the process. If you need help, please contact our office.
