Mick-Skaggs v. Skaggs

South Carolina Court of Appeals · Family Law

Family LawDivorceAlimonyAdulteryEvidenceAttorney's Feesone year's continuous separationadultery

Facts

After an eighteen-year marriage, Wife filed for divorce on the ground of Husband's adultery, and Husband counterclaimed alleging Wife's adultery and later sought divorce based on one year's continuous separation. At the final hearing, the main disputed issues were adultery and alimony, with Husband introducing testimony that Wife was affectionate with another man at a bar, that the man followed her home and entered her house, and that Wife sent sexualized text messages reflecting a disposition to be unfaithful. Wife presented evidence suggesting Husband spent late-night time alone with another woman and acted affectionately toward her. The family court granted divorce on one year's continuous separation, found Wife's adultery barred alimony, admitted poor-quality photographs taken by Russo, and made each party pay his or her own attorney's fees.

Issue

Whether the family court erred by granting a no-fault divorce instead of granting Wife a divorce on Husband's adultery, by finding Wife committed adultery sufficient to bar alimony, by admitting poor-quality photographs, and by denying Wife attorney's fees. The appeal also raised whether corroboration was sufficient and whether Wife showed prejudice from the evidentiary ruling.

Rule

In a contested divorce action, corroboration of adultery is generally required but may be relaxed where collusion is absent, and slight corroboration may suffice. Adultery may be established by evidence of inclination and opportunity sufficiently definite as to the time, place, and circumstances, and proof of adultery bars alimony and supports reimbursement of temporary alimony. A family court has discretion to grant divorce on one supported ground rather than another, and evidentiary error is not reversible without both error and resulting prejudice; attorney's-fee review also depends on a sufficient appellate record addressing the relevant factors.

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In Charleston, Dana Mercer filed for divorce alleging Owen Mercer committed adultery. Owen denied adultery but proved the parties had lived continuously apart for more than one year, and the family court found that ground fully supported by the evidence. Dana appeals, arguing the court was required to grant divorce on adultery because she presented stronger proof on that ground.

How should the appellate court rule?

Explanation. The majority held the family court acted within its discretion by granting divorce on one year's continuous separation rather than adultery where that ground was supported. The court emphasized that awarding divorce on adultery would not have dissolved the marriage any more completely. Thus, even if adultery evidence is sufficient, the court is not required to use that ground. (Derived from Mick-Skaggs v. Skaggs (n.d.).)