Anders v. Anders ( 1985 )

Gregory, Justice

(dissenting):

The evidence is grossly insufficient to support a finding of adultery. After the parties separated, appellant was seen on several occasions in local nightclubs and once at another’s apartment. The record reflects others may have been present on this single occasion. Such evidence utterly fails to meet the requisite clear and convincing standard to prove adultery by circumstantial evidence. See Odom v. Odom, 248 S. C. 144, 149 S. E. (2d) 353 (1966).

I would reverse the order granting the divorce on the ground of adultery. Since the erroneous finding of adultery was an important factor in awarding child custody and equitable distribution, I would reverse both awards and remand for a proper determination of those issues.