Deposing alleged paramours before filing to terminate alimony

September 28, 2012

In South Carolina even adultery that occurs during the marital dissolution litigation period is sufficient to terminate alimony.  Further adultery can be “proven” through circumstantial

Substance abuse testing before temporary hearings

September 25, 2012

In the South Carolina family courts it is almost a reflexive practice for attorneys to file a motion for temporary relief, seeking all the relief

Alimony for alcoholics

September 25, 2012

In South Carolina only adultery acts as an absolute bar to alimony. S.C. Code § 20-3-130(A). Yet, since the implementation of South Carolina’s alimony statute

Court of Appeals makes minor changes to year-old opinion

September 12, 2012

Today’s [September 12, 2012] advance sheet notes a refiled opinion in the case of South Carolina Department of Social Services v. Mary C.  Oddly enough

Shared custody parents should date locally

September 8, 2012

One of the more heart wrenching consults I commonly encounter is when a primary caretaker mother who agreed to shared physical custody has fallen in

Can a deserting (without good cause) spouse get alimony?

September 7, 2012

How many family law attorneys are aware of S.C. Code § 63-5-20?  In my experience not many. With the proper fact pattern that statute might

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

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