Posts Tagged ‘Litigation Strategy’
Posted Friday, March 22nd, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
1 Comment »
Folks who refuse to comply with their court-approved agreements but then ask you to renegotiate those agreements to make them more to their liking are akin to domestic abusers attempting to sweet talk their way back into the home. Which makes the folks who agree to renegotiate agreements that the other side won’t obey…..abused. Just [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 1 Comment »
Posted Monday, March 11th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
5 Comments »
Clients seeking to hold the other party in contempt for violation of a family court order often present a mix of potential contempt claims. Some of these claims will merely seek compliance with the court order. An example might be a contempt action for unpaid support, in which the goal is to get the other [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 5 Comments »
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
A few years ago I was court appointed in a Department of Social Services abuse and neglect case as the lawyer for a twelve year old who was accusing her stepfather of sexually molesting her. Unique in my career, I was not her guardian or the lawyer for her guardian: I was her lawyer. Thus [...]
Tags: Credibility, Litigation Strategy
Posted in Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent discovery uncovered evidence that might have led to a different temporary result. By then it is typically difficult if not impossible to obtain the requested relief until trial (or to [...]
Tags: Family Court Procedure, Litigation Strategy, Motions for Temporary Relief
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Monday, February 18th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
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 [...]
Tags: Divorce, Litigation Strategy
Posted in Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Wednesday, January 30th, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
5 Comments »
I occasionally get telephone calls from men whose ex-wife’s are receiving alimony but also appear to be living with a boyfriend. They want to know if they can terminate alimony on that basis. I am never optimistic. In 2002, the South Carolina legislature amended S.C. Code § 20-3-150 to define the “continued cohabitation” necessary to terminate [...]
Tags: Alimony Modification, Litigation Strategy
Posted in Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 5 Comments »
Posted Thursday, January 17th, 2013 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
South Carolina Code §63-3-810(A)(1) allows the family court to appoint a guardian ad litem in a private custody case when “without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem.” Thus attorneys routinely consent [...]
Tags: Child Custody, Guardian ad litem, Litigation Strategy
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
Posted Thursday, January 10th, 2013 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
2 Comments »
How an attorney should react when a client’s child speaks ill of the client is often dependant upon things young attorneys (and often even experienced attorneys) fail to consider. Stepping back and analyzing the source and the accuracy of the report is the necessary first step. Let’s consider a situation in which a third-party reports [...]
Tags: Child Custody, Litigation Strategy
Posted in Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 2 Comments »
