Is there a conflict in the equitable distribution statutes on whether property acquired post-filing but before the entry of a temporary order is marital property?

August 28, 2012

South Carolina Code § 20-3-610 indicates that the marital estate is created “at the time marital litigation is filed or commenced...”  Yet S.C. Code §

Dumpster diving the family court files

August 26, 2012

When I first started practicing family law an early mentor, William J. Hamilton, III, told me that, “the evidence for a thousand divorces lies in

Equalizing incomes doesn’t always equalize lifestyles

August 25, 2012

In setting alimony for really long marriages (30+ years) the family courts sometime try to equalize incomes.  In cases in which both parties are retired

Fighting the wrong battle on transmutation

August 25, 2012

I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes

The feminization of family law

August 25, 2012

Two generations ago there were few woman lawyers.  The early career paths of our first female Supreme Court Justices, Sandra Day O’Connor (Stanford 1952) and

Free CLE on “Financial Issues in Family Law”

August 25, 2012

On October 12, 2012 from 1:00 to 4:45 p.m. there will be a free three-hour CLE on “Financial Issues in Family Law” (Course # 126447) at

The limited utility of “hold harmless” provisions of separation agreements for negative-equity real estate

August 21, 2012

Sometime around 2007 I encountered a situation involving a marital home I not previously dealt with: negative equity.  Prior to 2007 unhappily married folks often

Supreme Court clarifies South Carolina Rules of Civil Procedure 3 and 15

August 16, 2012

The August 15, 2012 Supreme Court opinion in Mims v. Babcock Center, 399 S.C. 341, 732 S.E.2d 395 (2012), clarifies issues of civil procedure that have occasionally

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