The logical but wrong way to divide transmuted property

March 9, 2014

How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to

Should there be a uniform waiting period for a no-fault divorce?

March 8, 2014

I rarely blog on proposed family law legislation.  Often legislation fizzles to nothing: in my twenty years of practice bills to abolish common law marriage

Better to be an adulterer than an adulterer and a liar

March 7, 2014

A mentee recently asked me if one should admit an allegation of adultery in a responsive pleading when the adultery is obvious.  While I think

Unpublished Court of Appeals opinion reflects South Carolina’s continuing antiquated view of gender and alimony

March 5, 2014

South Carolina family law’s approach to alimony continues to reflect an antiquated view of gender roles.  South Carolina is the only state in which a

Court of Appeals mostly affirms family court’s equitable distribution award

March 5, 2014

On May 21, 2014 the Court of Appeals slightly modified the opinion in this case. The March 5, 2014 Court of Appeals opinion in Teeter

South Carolina takes small step toward insuring due process in child support collection

March 2, 2014

On February 28, 2014 the South Carolina Supreme Court promulgated the use of the following new form, SCCA 430S, which can be downloaded here, for

Misunderstanding passive depreciation in equitable distribution

February 17, 2014

South Carolina family law distinguishes active depreciation or appreciation–changes in value due to the deliberate efforts of one party–from passive depreciation or appreciation–changes in value

Should there be automatic de novo review of temporary custody and support orders?

January 30, 2014

I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process.  This is because allowing such hearings to proceed on affidavits

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