Of Interest to Family Court Litigants

September 20th, 2011

In 3-2 decision South Carolina Supreme Court determines separation is requirement of separate maintenance action

In what is, for me, one of the most highly anticipated decisions on this year’s docket, the South Carolina Supreme Court decided on September 19, 2011 in the case of Theisen v. Theisen, 394 S.C. 434, 716 S.E.2d 271 (2011) that physical separation is a required component for bringing a separate maintenance action.  For almost a decade, […]

South Carolina Specific

September 7th, 2011

Selling property at below market value when encountering cash flow problems not “marital economic misconduct”

The August 31, 2011 Court of Appeals opinion in Nestberg v. Nestberg, 394 S.C. 618, 716 S.E.2d 310 (Ct. App. 2011) is the second of two Court of Appeals opinions from that date in which that court analyzed the issue of marital economic misconduct as applied to equitable distribution of marital assets. In Nestberg, shortly prior […]

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