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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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