February 2016

Not South Carolina Specific

February 27th, 2016

Why not divide up legal custody?

Deciding who will have legal custody–final decision making authority for a child–can be one of the more contentious issues in custody cases. Often one parent wants final decision making authority to “validate” his or her superior parenting. More often, and not mutually exclusive with the desire for validation, one parent wants the right to control […]

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Of Interest to Family Court Litigants

February 24th, 2016

Don’t end a long-term marriage unless you’re ready to amputate

I spend a bit of time talking folks in long-term marriages out of separating from a spouse with whom they are unhappy. It’s amazing how many people come to me expecting that ending their long-term marriage will be relatively painless. Instead I liken it to an amputation: expect serious, permanent loss as part of a […]

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Not South Carolina Specific

February 19th, 2016

Maybe the judge is wrong

Earlier this week I spent two days presenting and attending a legal education seminar, “Family Law From Start to Finish.” As with most such seminars, I heard a number of war stories in the guise of questions where a lawyer would tell me about a case in which a family court judge had issued a ruling […]

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Not South Carolina Specific

February 10th, 2016

In defense of the concept of romantic comedies

It is a truth universally acknowledged, that a single man in possession of a good fortune must be in want of a wife. Jane Austin, Pride and Prejudice Thus begins the greatest romantic comedy in the history of romantic comedies. With Valentine’s Day approaching, movie studios release a number of mostly banal, mostly Saccharin, mostly […]

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Not South Carolina Specific

February 9th, 2016

Using opposing parties’ evasive discovery responses against them

Often opposing parties will respond to discovery with evasion: giving answers that respond to some, slightly different allegation; providing lengthy responses to “yes/no” questions without really stating “yes” or “no”; citing a lack of knowledge to answer a question that, given their litigation posture, they really should be able to answer. The Rules of Civil […]

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Of Interest to Family Court Litigants

February 7th, 2016

Acknowledging the obvious

In responding to discovery or pleadings, some of the responses, if accurate, will bolster the other party’s case.  Clients, even (especially) sophisticated clients, often balk at issuing a formal response that, although accurate, bolsters the other party’s case. Sometimes these clients will want to issue an evasive response. Occasionally they will want to issue an […]

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