Posts Of Interest to Family Law Attorneys

Hagood opinion establishes important points on transmutation and alimony

The July 17, 2019 Court of Appeals opinion in Hagood v. Hagood establishes important points on transmutation and alimony. It is one of the rare published opinions to reject a transmutation claim while finding a special equity interest. It is the first published opinion in twenty years to address nonmarital assets as a basis to […]

Don’t forget rebuttal

One of the biggest mistakes I see my family court colleagues making is forgoing the opportunity to present rebuttal (sometimes called reply) testimony. Rebuttal is the testimony the Plaintiff presents to rebut the testimony the Defendant presented in his or her case in chief. No attorney who handles family court appeals–and is presented with a […]

The surprising breadth of res judicata

At this point in my career, it’s rare I learn anything significant about legal doctrines from opposing counsels. However, earlier this week, I was completely schooled by an attorney, Jeffrey Thomas Watson, three years out of law school about the breadth of the res judicata doctrine. That doctrine holds that issues that have been completely […]

Not pleading for a guardian (or discovery)

Last week I prosecuted a motion to appoint a guardian ad litem for the child at issue in a custody case (along with requests for other relief). The opposing counsel opposed this request. In support of his opposition he noted that my complaint had not sought a guardian as part of the relief I was […]

The interaction of the De Facto Custodian statute and the Moore factors

There are numerous recurring issues in South Carolina family law that ultimately will need to be resolved by our appellate courts. One of the more interesting ones–because it is both relatively common and extremely consequential–is the interaction of the De Facto Custodian statute and the Moore factors. The Moore factors were created by the 1989 […]

Alimony for the less ambitious spouse

On June 6, 2019, I argued an appeal in the Court of Appeals that involved a novel issue that I expect to become increasingly common. The family court ordered my client, the Appellant/Wife (I was not the trial attorney), to pay significant permanent periodic alimony to her now Ex-Husband. Unhappy with the both amount and […]

Unpublished Court of Appeals opinion does the unprecedented

For the 25 years I have been practicing family law no published South Carolina appellate opinion has approved an award of rehabilitative alimony. While I only began reading unpublished opinions in 2004, I cannot recall any such unpublished opinions. I certainly cannot recall any opinion in which an appellate court reversed an award of permanent […]

Court of Appeals affirms an unusual and detailed custody arrangement

The May 8, 2019 Court of Appeals opinion in Klein v. Barrett finds the Court of Appeals affirming a very detailed and highly unusual custody arrangement. Kline involved a custody modification brought by (Ex-)Wife. At the time of the parties’ 2010 divorce, (Ex-)Husband had primary custody of the children with Wife having liberal visitation and […]

 

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Contact Mr. Forman