Bobby Rutherford, Respondent v. Carol Rutherford, Petitioner

Summary

The South Carolina Supreme Court held that its constitutional authority permits a de novo review of factual findings in domestic actions, that a spouse must prove by a preponderance of the evidence that mental illness deprived her of the ability to appreciate the wrongfulness of adultery to avoid divorce and alimony liability, and that an informal oral support agreement does not override the statutory bar on alimony for adulterous spouses. The Court reversed and remanded for further evidentiary development of the mental‑capacity issue.