Posts Tagged ‘Divorce’

How soon can one get a divorce after filing?

Folks who have filed for divorce often wonder why it takes so long for them to get divorced. S.C. Code § 20-3-80 sets “Required delays before reference and final decree.” It requires that hearings on a divorce based on physical cruelty, adultery or habitual intoxication not take place until two months after the date the […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

N.B., on October 1, 2014, the Court of Appeals modified this modified opinion: Third time’s a charm? When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court’s no-fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault divorce.  On October 1, 2014, it modified it a second time: Third time’s a charm? In the extremely odd May 14, 2014 opinion of Mick-Skaggs […]

Should there be a uniform waiting period for a no-fault divorce?

I rarely blog on proposed family law legislation.  Often legislation fizzles to nothing: in my twenty years of practice bills to abolish common law marriage or reform alimony had gone nowhere.  Other times bills become radically altered during the legislative process.  Within the past few years a bill to make grandparent visitation more uniform ended […]

What becomes of a transmuted waterfront lot?

In my almost four years of blogging about every reported South Carolina appellate decision from family court and over fifteen years of handling family law appeals, I can discern a few clear patterns on when the appellate courts will reverse an equitable distribution award.  Math errors and clear mistakes of law will always lead to […]

Considerations in reconciliation

Occasionally separated spouses in marital dissolution actions attempt to reconcile.  Even though it’s bad for my business when they do so, I generally encourage reconciliation There are times when reconciliation is quite beneficial for my client. Perhaps my client was the Defendant and did not desire the separation in the first place.  Or my client […]

What proof is needed to obtain a physical cruelty divorce?

Physical cruelty is one of South Carolina’s four fault divorce grounds.  Physical cruelty is “actual personal violence, or such a course of physical treatment as endangers life, limb or health, and renders cohabitation unsafe.” Gorecki v. Gorecki, 387 S.C. 626, 693 S.E.2d 419 (2010).  In considering what acts constitute physical cruelty, the family court must consider […]

Inter-spousal legal claims that survive the marital dissolution action

Except when explicitly reserved, most inter-spousal claims do not survive a divorce or final order of separate maintenance.  If one spouse owes the other money or has some property that the belongs to the other, the possession of that property or the payment on that debt needs to be addressed in the final order.  If […]