Archive for the ‘South Carolina Specific’ Category
Posted Wednesday, March 7th, 2012 by Gregory Forman
Filed under Audience:, Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
Less than two years ago, the South Carolina Supreme Court, in Webb v. Sowell, 387 S.C. 328, 692 S.E.2d 543 (2010), overruled Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979) and its progeny, and held that South Carolina case law allowing the family court to require divorced or unmarried parents to contribute college [...]
Tags: College Support, Jurisprudence, South Carolina Supreme Court
Posted in Audience:, Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Thursday, March 1st, 2012 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
2 Comments »
One of the hardest tasks of family court client control is counseling clients to be patient when they want immediate results. This task is rarely more complicated then when a client is slapped with an ex-parte order. Yet rushing into the defense of the other party’s expedited hearing often doubles-down on disaster. The typical ex-parte order [...]
Tags: Child Custody, Ex-Parte Orders, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 2 Comments »
Posted Friday, February 24th, 2012 by Gregory Forman
Filed under Continuing Legal Education, Law and Culture, Of Interest to Family Law Attorneys, South Carolina Specific
7 Comments »
A few days after posting this, I learned that the “M” in “MCLE” did not mean that this CLE qualifies for ethics hours. -GF Recently our State Supreme Court ordered that “at least once every three annual reporting periods, attorneys and judges complete one hour of instruction devoted exclusively to substance abuse or mental health issues and [...]
Tags: Continuing Legal Education
Posted in Continuing Legal Education, Law and Culture, Of Interest to Family Law Attorneys, South Carolina Specific | 7 Comments »
Posted Saturday, February 18th, 2012 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
1 Comment »
No modern authoritarian government acts “lawlessly.” Instead such governments cloak their actions with the veneer of due process but they manipulate the law so that due process is meaningless. There are (at least) two ways they can accomplish this. The first is by creating a web of laws so complex and contradictory that no one [...]
Tags: Jurisprudence, Substantial Change of Circumstances
Posted in Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 1 Comment »
Posted Saturday, February 18th, 2012 by Gregory Forman
Filed under Child Custody, Divorce and Marriage, Jurisprudence, Law and Culture, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
3 Comments »
A state that denies homosexuals the right to marry has no right to punish them for living together without being married. In 1967, the United States Supreme Court decision in Loving v. Virginia, 388 U.S. 1, rendered unconstitutional laws preventing marriages between persons solely on the basis of racial classifications. It then took thirty-one years [...]
Tags: Child Custody Restraints, Gay Marriage, Jurisprudence
Posted in Child Custody, Divorce and Marriage, Jurisprudence, Law and Culture, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 3 Comments »
Posted Thursday, February 16th, 2012 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
10 Comments »
So far in the month of February, 2012 the South Carolina Supreme Court has issued six decisions, five of which were attorney disciplinary opinions. While the bar needs to investigate and discipline incompetent or dishonest attorneys, I have no idea why the Supreme Court decided to issue a February 15, 2012 public reprimand in In [...]
Tags: Alice Cooper, Rules of Professional Conduct, South Carolina Supreme Court
Posted in Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | 10 Comments »
Posted Sunday, February 12th, 2012 by Gregory Forman
Filed under Equitable Division/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
Typically, when a separated or separating spouse contacts me to negotiate a separation agreement, I suggest working towards reaching an agreement before I file an action to either approve the agreement or to obtain a separate maintenance order if the parties cannot come to an agreement. However when my client has an employee pension or [...]
Tags: Coverture, Equitable Division/Property Division, Litigation Strategy, Retirement
Posted in Equitable Division/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
While I’ve never considered it a gray area whether it was permissible for attorneys to have sexual relations with their domestic clients (except when representing one’s own spouse in a child custody or support case, which is merely a bad idea), some attorneys believe otherwise. On February 1, 2012, the South Carolina Supreme Court gave [...]
Tags: Rules of Professional Conduct, South Carolina Supreme Court
Posted in Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
