Archive for the ‘Divorce and Marriage’ Category

Forgoing divorce grounds corroboration based upon an “admission against interest”

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 [...]

Piling on

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, [...]

One hundred things I don’t know about South Carolina family law

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 [...]

The “best” age(s) for South Carolina husbands to commit adultery

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, [...]

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, [...]

Should separation be required for a separate maintenance action?

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 [...]

President Obama: Marriage Counselor

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 [...]

So that’s why (s)he left

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 [...]