“May it Please the Court” should be retired: convince me I’m wrong
Posted Saturday, December 11th, 2021 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Perhaps I skipped law school class that day but I don’t recall being taught that I should begin every oral argument by reciting, “may it
Court of Appeals opinion resolves numerous minor legal issues regarding contempt
Posted Thursday, December 2nd, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 1, 2021, Court of Appeals opinion in Campione v. Best, 435 S.C. 451, 868 S.E.2d 378 (Ct.App. 2021), resolves a number of interesting
Notice provisions in custody agreements
Posted Wednesday, December 1st, 2021 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and
Wiping my behind with anti-spoliation letters
Posted Friday, October 22nd, 2021 by Gregory Forman
Filed under Law Practice Management, Not South Carolina Specific, Of Interest to Family Law Attorneys
How did the proclivity for anti-spoliation letters emerge? Such letters inform opposing parties or counsel not to destroy or dispose of evidence and make varying
An odd place to address pet custody
Posted Wednesday, October 13th, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
As it currently stands, South Carolina property law does not distinguish pets from livestock–or even inanimate objects. While everyone expects the South Carolina legislature to
Court of Appeals addresses parties’ efforts in its alimony and equitable distribution determination
Posted Thursday, September 30th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 18, 2021, Court of Appeals opinion in Jordan v. Postell, 434 S.C. 510, 864 S.E.2d 558 (Ct. App. 2021), addresses common issues of
In apparently close decision, Supreme Court reinstates termination of parental rights/adoption
Posted Sunday, September 26th, 2021 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On September 22, 2021, a unanimous South Carolina Supreme Court reversed the Court of Appeals and reinstated a family court’s granting of a termination of
Posted Sunday, September 12th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 18, 2021, Court of Appeals opinion in Weller v. Weller, 434 S.C. 530, 863 S.E.2d 835 (Ct. App. 2021), finds that court affirming
Surprising few, Supreme Court holds that child issues cannot be arbitrated
Posted Friday, September 10th, 2021 by Gregory Forman
Filed under 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
In Fall 2019, the South Carolina Court of Appeals issued two separate opinions holding that child issues could not be arbitrated: Kosciusko v. Parham, 428
South Carolina’s unjust approach to unvested stock options
Posted Tuesday, July 27th, 2021 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
A few days ago a colleague called me to discuss an issue he was mediating, specifically how to apportion unvested stock options. This made me
