Archive for the ‘Family Court Procedure’ 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 Thursday, January 26th, 2012 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The January 25, 2012 Court of Appeals opinion in Mullarkey v. Mullarkey provides valuable guidance on how to obtain clarification of an unclear “final” final order (“final” in the sense that all allowable post-trial motions and appeals have already been resolved or the time period to file such motions or appeals has passed). Prior to [...]
Tags: Court of Appeals, Equitable Division/Property Division, Family Court Procedure
Posted in Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No 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 Friday, November 11th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
I’ve often considered writing a blog simply listing “100 things I don’t know about family law.” The concept is that after eighteen years practicing family law–and I do mean “practice” because much of my free time is spent reading, thinking and writing about family law–there are still important issues in family law that I have [...]
Tags: Family Court Procedure, South Carolina Court of Appeals
Posted in Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Wednesday, August 24th, 2011 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
Today’s South Carolina Court of Appeals opinion in McComb v. Conard, 394 S.C. 416, 715 S.E.2d 662 (Ct. App. 2011), approved the family court’s use of the relocation factors first set forth in Latimer v. Farmer, 360 S.C. 375, 602 S.E.2d 32 (2004) in a case involving an initial custody determination. McComb began when mother attempted to [...]
Tags: Child Custody, Family Court Procedure, Relocation, South Carolina Court
Posted in Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Friday, August 5th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
2 Comments »
Unlike circuit court, there in no automatic discovery in South Carolina’s family court. See Rule 25, SCFCR. Most of the time, discovery is ordered at the first temporary hearing. Often parties (well, the parties’ attorneys) wish to engage in discovery without having a temporary hearing or prior to a temporary hearing. Other times, the temporary order [...]
Tags: Discovery, Family Court Procedure, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 2 Comments »
Posted Wednesday, July 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the July 20, 2011 decision in Ross v. Ross, 394 S.C. 261, 715 S.E.2d 359 (Ct. App. 2011), the Court of Appeals remanded the issue of whether the Wife’s petition for alimony could defeat a claim of untimeliness due to her Husband’s alleged pattern of violence and threats of violence towards her. The Court of [...]
Tags: Alimony/Spousal Support, Equitable Tolling, Family Court Procedure, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
South Carolina attorneys are expected to be collegial. Part of that collegiality is a reluctance to file motions to compel discovery responses and a frequent acceptance of discovery responses that are incomplete or evasive. Another part of that collegiality is a general understanding that a demand for fees as part of a motion to compel [...]
Tags: Attorney's Fees, Discovery, Family Court Procedure
Posted in Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
