Can past emotional affairs be used as grounds for a divorce after the husband forgave the wife?

UPDATED: Oct 1, 2022

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Can past emotional affairs be used as grounds for a divorce after the husband forgave the wife?

Emotional affair, no physical
contact, just text messages. My
husband took me back and forgave
me, and months later he can not
get over it and now is threatening
to file for divorce.

Asked on July 11, 2018 under Family Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A non-physical affair is not "adultery," so it is not grounds for a fault-based (or wrong-doing based) divorce in your state. So based on what you write, he cannot divorce you immediately. However, he could separate from you for a year, then divorce you: in your state, someone who wants a divorce can always get one by first going through a one-year separation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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