Archive for the ‘Divorce and Marriage’ Category
Posted Tuesday, January 31st, 2012 by Gregory Forman
Filed under Divorce and Marriage, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
7 Comments »
To prevent spouses from making up grounds for a divorce that they are not entitled to, South Carolina requires “corroboration” of divorce grounds to prevent “collusive” divorce requests. However, one shouldn’t assume that an independent witness or documentary evidence is necessary to corroborate a fault divorce. Often an admission against interest will be sufficient to [...]
Tags: Corroboration, Divorce, Family Court Procedure
Posted in Divorce and Marriage, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 7 Comments »
Posted Saturday, November 19th, 2011 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
2 Comments »
Did an uncontested fault divorce yesterday in which the pro se defendant failed to appear. To prove the defendant’s habitual intoxication required testimony and evidence of his extremely heavy drinking. The result was a brief, incomplete, biography of a life devolved into a tragic waste. Not quite as depressing to hear as to live through, [...]
Tags: Divorce, Litigation Strategy
Posted in Divorce and Marriage, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 2 Comments »
Posted Monday, November 14th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific
7 Comments »
This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer. None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice. I have firm opinions on the correct answer to some of [...]
Posted in Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific | 7 Comments »
Posted Tuesday, September 27th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Law and Culture, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
2 Comments »
One of the many oddities of South Carolina family law is that a husband is typically best off committing adultery when he and his wife are either very young or very old. It’s the middle-aged dudes who suffer the most financially from their philandering. When a couple is young, especially if there are no children, [...]
Tags: Adultery, Divorce, Popular Culture
Posted in Alimony/Spousal Support, Divorce and Marriage, Law and Culture, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 2 Comments »
Posted Tuesday, September 20th, 2011 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
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, [...]
Tags: Jurisprudence, Separate Maintenance, South Carolina Supreme Court
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Sunday, August 21st, 2011 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
6 Comments »
In April 2011, the South Carolina Supreme Court heard oral argument in the case of Eileen Frances Theresa Busto Theisen v. Clifford Richard Theisen. According to the Supreme Court’s roster of cases, the issue in this appeal is “whether physical separation is a pre-requisite for a party to receive separate maintenance and support.” Since Supreme [...]
Tags: Divorce, Jurisprudence, Marriage, Roy T. Stuckey, Thomas F. McDow
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 6 Comments »
Posted Wednesday, August 17th, 2011 by Gregory Forman
Filed under Divorce and Marriage, Humor?, Not South Carolina Specific, Of Interest to General Public
3 Comments »
If Barack Obama loses the 2012 presidential election, I think the man may have found his next calling: marriage counselor. As quoted by Maureen Dowd in today’s New York Times: Everybody cannot get 100 percent of what they want. Now, for those of you who are married, there is an analogy here. I basically let [...]
Tags: Barack Obama, Marriage, New York Times
Posted in Divorce and Marriage, Humor?, Not South Carolina Specific, Of Interest to General Public | 3 Comments »
Posted Wednesday, August 10th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
Continuing today’s theme of gifts from benevolent domestic litigation deities is the issue of overly vitriolic affidavits for temporary hearings in marital dissolution cases. When beginning representation in a marital dissolution case the spouse who moved out is often at a disadvantage unless he or she can provide a good explanation for why he or [...]
Tags: Alimony/Spousal Support, Divorce, Litigation Strategy
Posted in Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »