Fernandes v. Fernandes is an unpublished September 2007 opinion from the South Carolina Court of Appeals.  Mr. Fernandes retained me after obtaining a disappointing result from his divorce trial.

We appealed twelve issues and only prevailed on two.  We convinced the Court of Appeals that the family court had misvalued a vehicle it awarded Mr. Fernandes, which his wife had kept during the litigation, when it valued it at the $9,000.00 value it had at the time of separation rather than the $4,000.00 value it had at the time of trial.  We were unsuccessful in convincing the Court of Appeals that the family court erred in not awarding his wife this vehicle or not crediting her with the $5,000.00 depreciation in the vehicle during the litigation period.

We also convinced the Court of Appeals that the family court erred in treating a Navy Federal Credit Union Account as marital property rather than Mr. Fernandes’ separate property.

By prevailing on these two issues, we increased Mr. Fernandes’ equitable distribution award by $34,408.73.

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Recent Blog Posts

Fornicating (even baby-making) does not turn jointly titled property into “marital property”

I’ve been getting a number of recent calls from people in long-term sexual relationships seeking assistance in dividing up their property.  Sometimes these

[ + ] Read More

The pitfalls of mandatory pre-litigation mediation provisions

I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these

[ + ] Read More

Lecture material for Why Family Court Attorneys should do Appeals

Below is my lecture for the May 6, 2022, Continuing Legal Education program Why Family Court Attorneys should do Appeals: To begin I’d

[ + ] Read More