Posts Tagged ‘Divorce’

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 […]

Forgoing divorce grounds corroboration based upon an “admission against interest”

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 […]

Piling on

Did an uncontested fault divorce yesterday in which the pro se defendant failed to appear.  To prove the defendant’s habitual intoxication required testimony and evidence of his extremely heavy drinking.  The result was a brief, incomplete, biography of a life devolved into a tragic waste.  Not quite as depressing to hear as to live through, […]