February 2013

Not South Carolina Specific

February 23rd, 2013

Using prior consistent statements to bolster credibility

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 […]

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Of Interest to Family Court Litigants

February 23rd, 2013

Seeking procedural relief before seeking substantive temporary relief

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 […]

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Of Interest to Family Court Litigants

February 21st, 2013

Supreme Court alters equitable distribution award and reverses reservation of alimony

N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion.  For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues.  The appeal stemmed from a divorce action in a […]

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Of Interest to Family Court Litigants

February 20th, 2013

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 […]

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Of Interest to Family Court Litigants

February 18th, 2013

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 […]

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Of Interest to Family Court Litigants

February 12th, 2013

Custody to the bigger breeder

Unbeknownst to me until last week, on December 2, 2012 the South Carolina Supreme Court denied certiorari in the case of Moeller v. Moeller, 394 S.C. 365, 714 S.E.2d 898 (Ct. App. 2011), thus enshrining into South Carolina appellate case law one of the stupidest bases to award (heck, reverse) custody that our appellate courts […]

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