Posts Tagged ‘Divorce’

Court of Appeals reconsiders its decision and reinstates no fault divorce

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 contested the fact of one year’s continuous separation and typically the appellate courts will not change the […]

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 In the extremely odd May 14, 2014 opinion of Mick-Skaggs v. Skaggs, the South Carolina Court of Appeals modified the grounds for divorce from […]

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 […]

Counseling the aggrieved spouse to move on

I finalized a divorce earlier this week in which the other party discovered my client’s adultery a few years ago and filed for divorce twenty months ago.  The case ended with my client agreeing to pay six-figure lump sum alimony.  Yet at the divorce hearing, my client was relaxed and happy while his soon-to-be-ex looked […]