Rule 11 affirmations for family court motions

March 17, 2010

A colleague of mine has asked me to blog on when a Rule 11 affirmation is required for a family court motion.  The requirement for

The two purposes for post-trial motions in family court

March 17, 2010

South Carolina Rules of Civil Procedure 52 and 59 allow the family court to alter or amend final orders or judgments. There are “two basic

Countering weasely responses in discovery and pleadings

March 16, 2010

“Weaseling out of things is important to learn. It’s what separates us from the animals! Except the weasel.” -- Homer Simpson A common complaint among family law

New Frequently Asked Question: “What’s the difference between a family court temporary order and final order?

March 15, 2010

In 2006, after the Supreme Court changed the family court administrative rules from the 270 day rule (after 270 days from filing, unresolved family court

Was it a mistake to prevent immediate appellate review of temporary family court orders?

March 11, 2010

It is extremely difficult to get family court temporary orders modified merely upon a claim that the order issued was unfair, based upon inaccurate information,

Archaic alimony cases

March 4, 2010

Trying (unsuccessfully) to locate a case referenced by Professor Roy T.  Stuckey dealing with connivance from the days before South Carolina allowed divorce (1949-50), I

The culture’s misconceptions about condonation

March 3, 2010

Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina.  If proven, condonation revives an alimony claim

Will the rise of “swinging” in the Lowcountry lead to a revival of the connivance defense to South Carolina’s adultery bar to alimony?

March 3, 2010

Professor Roy T. Stuckey’s excellent guidebook, Marital Litigation in South Carolina: Substantive Law (3rd. Ed), has little use for the defense of connivance, concluding its

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