Archive for the ‘Not South Carolina Specific’ Category

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed and therefore terminated alimony, I blogged, “Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?” Seven months later the Court of Appeals finally affirmed a “continued cohabitation” alimony […]

Hobbling your own attorney

Folks hire attorneys to accomplish their legal goals. Too often those same folks hobble their attorneys by failing to remedy counterproductive behavior. It may be human nature to blame one’s problems on outside factors but it is astounding how often family court litigants refuse to correct the behaviors that undermine their legal goals. More than […]

Doubling down on stupid

Sometimes the greatest service an attorney can offer a client is to walk the client back from looming disaster. However it requires skill and experience to recognize that disaster awaits, and a different skill set to successfully convince the client that a conciliatory approach is necessary. A decent sized subset of domestic cases involve situations […]

Do you want to be right or do you want to be happy?

There’s a divorce client from five years ago who I have remained friends with on Facebook. When I first met him–and began representing him–he was trying to extricate himself from a short marriage that had produced no children and from a wife who he did not believe was compatible. His wife, while unhappy with him, […]

Misvaluing small personal services businesses

A recent unpublished opinion Court of Appeals opinion, Herring-Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses for purposes of equitable distribution: treating personal goodwill as marital property. The Court of Appeals reversed a finding that Wife’s business had a value of $603,000 and requiring her to pay Husband half that […]

A little more perfect union

It seems fitting that I was at the TD Arena with my family awaiting President Obama’s eulogy for Clementa Pinckney when the United States Supreme Court announced its decision in Obergefell v. Hodges, which established a right to gay marriage throughout the country.  Both events seem part of America’s grand struggle to live up to […]

Class sensitivity and toilet training

Before I started practicing family law I never really understood why some folks pushed toilet training on their toddlers. While no one enjoys changing diapers, it’s really not that horrible. Further, most children will eventually toilet train themselves–especially if they attend a preschool where other kids are already trained. If the unpleasantness of a loaded […]

Getting the family law client to behave

A large but unsung part of a good family law attorney’s role is to get clients to behave well towards the opposing party. Not only is this role unsung, it often makes the attorney extremely unpopular with the client–especially in the early part of the representation. However being cognizant of this role is often vital […]