Archive for the ‘Of Interest to Family Court Litigants’ Category
Posted Tuesday, September 17th, 2019 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
While not thought of as such, the guardian’s questionnaire is akin to additional (child-custody related) interrogatories. As an example, the current questionnaire of a local attorney/guardian, S. Maria Averill, whose work I greatly respect follows: Admittedly such questionnaires are not answered under oath. Still, inaccurate responses or responses that trash the other parent or that […]
Tags: Child Custody, Guardian ad litem, Litigation Strategy
Posted in Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Saturday, September 14th, 2019 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
I’m shocked how often I encounter supplemental interrogatories in family court in which the issuing attorney has clearly given no thought into how interrogatories might be useful in that particular case. The ability to require the opposing party to answer up to fifty (including subparts) unique questions, under oath, and early in the case, without […]
Tags: Discovery, Litigation Strategy
Posted in Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Friday, September 13th, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
No Comments »
When I first began practicing family law twenty-five years ago it was almost unheard of for South Carolina wives to be ordered to pay alimony. Even when circumstances suggested alimony might be appropriate (high income wife; low income husband staying home with the parties’ children) few took these husbands’ alimony requests seriously. Often these husbands […]
Tags: Alimony/Spousal Support, Litigation Strategy
Posted in Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Posted Wednesday, August 28th, 2019 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
No Comments »
At the very beginning of any new domestic client relationship the attorney and client need to discuss the client’s goal, discuss the law related to each of these goals, and discuss the evidence that might be marshaled to achieve each goal. For example, if a client has the goal of getting custody of the children, […]
Tags: Attorney-Client Relations, Litigation Strategy
Posted in Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Friday, August 23rd, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The August 21, 2019 Court of Appeals opinion in Nelson v. Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution issues. In Nelson both parties, but especially Husband, went to trial with incomplete or inaccurate information regarding the value of and their interest in various assets and debts, including real […]
Tags: Equitable Distribution/Property Division, Post-Trial Motions, South Carolina Court of Appeals
Posted in Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, August 7th, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The August 7, 2019 Court of Appeals opinion in Thompson v. Thompson, holds that Rule 60(b)(5), SCRCP, does not give that family court subject matter jurisdiction to modify an equitable distribution order. The Thompsons’ divorce decree approved a separation agreement providing “[a]s soon as she is able, Wife shall assume or re-finance all loans on […]
Tags: Equitable Distribution/Property Division, Post-Trial Motions, South Carolina Court of Appeals
Posted in Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The July 24, 2019 Court of Appeals opinion in May v. May, upheld the family court’s reformation of a court-approved separation agreement based upon the mediator’s scrivener’s error and an alleged mutual mistake. In May, the parties entered a separation agreement drafted by the mediator. In a provision dealing with the marital home, the parties’ […]
Tags: ADR Rules, Equitable Distribution/Property Division, Mediation/Alternative Dispute Resolution, Post-Trial Motions, South Carolina Court of Appeals
Posted in Equitable Distribution/Property Division, Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
A decade ago, in a blog titled, “Why won’t South Carolina end common-law marriage?,” I expressed my strong dislike of the doctrine by noting, “cases resolving the issue of whether a couple was married at common-law do not become a ‘quest for the truth’ but instead devolve into determining who is the less convincing liar,” […]
Tags: Common-Law Marriage, Jurisprudence, South Carolina Supreme Court
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
