Archive for the ‘Equitable Division/Property Division’ Category
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
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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 Tuesday, December 27th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders demonstrates the continuing confused jurisprudence regarding transmutation of non marital assets. It also highlights the problems that result when the trial court is provided insufficient information from the parties to make a complete decision. Sanders involved a cross appeal of equitable distribution issues stemming from [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Monday, December 19th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The first of the fifteen factors set forth in South Carolina Code Section 20-3-620 regarding the division of marital property is “the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, 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
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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, November 1st, 2011 by Gregory Forman
Filed under Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the [...]
Tags: Attorney's Fees, Child Support, Equitable Division/Property Division, Marital Litigation in South Carolina, Private School Tuition Support, Roy T. Stuckey, South Carolina Supreme Court
Posted in Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, October 27th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In August I blogged about an appellate loss by my friend and colleague, Thomas F. McDow, in the case of Pittman v. Pittman. Last week the Court of Appeals modified its opinion, 395 S.C. 209, 717 S.E.2d 88 (Ct. App. 2011). For reasons I assume are oversight this modified opinion did not appear in the October listing [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals, Thomas F. McDow, Transmutation
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, September 7th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The August 31, 2011 Court of Appeals opinion in Nestberg v. Nestberg, 394 S.C. 618, 716 S.E.2d 310 (Ct. App. 2011) is the second of two Court of Appeals opinions from that date in which that court analyzed the issue of marital economic misconduct as applied to equitable distribution of marital assets. In Nestberg, shortly prior [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, September 6th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
6 Comments »
The August 31, 2011 Court of Appeals opinion in Barrow v. Barrow, 394 S.C. 603, 716 S.E.2d 302 (Ct. App. 2011) analyzes the issue of “misconduct” in the context of equitable distribution awards. It represents a substantial victory for local family court attorney, colleague, and friend, Anne Frances Bleecker. The opinion is hard to follow because most attorneys [...]
Tags: Anne Frances Bleecker, Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 6 Comments »
