“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

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

Subsequently discovered property provisions in equitable distribution agreements

Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed

There needs to be the final decision maker for minor children(and it almost always should be a parent)

Posted Tuesday, May 18th, 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

I see a number of attorneys and pro se litigants who try to finesse the issue of final decision making authority by making both parents

Tax refunds or obligations from the year of filing a marital dissolution action are partially marital

Posted Tuesday, October 13th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

With the October 15th tax deadline approaching, I am receiving emails from numerous clients regarding disputes with their estranged spouse over how to file last

The Folly of Fighting Child Protective Services after a Merits Finding

Posted Thursday, July 2nd, 2020 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Early in my career, when family court attorneys were still being court appointed to represent indigent parents in abuse and neglect proceedings, I developed a

Things appellate attorneys could teach family law attorneys about trying cases

Posted Monday, May 25th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

I’ve been lucky to stay busy during the COVID-19 pandemic and one reason I’ve been able to stay busy is a significant appellate practice. Thus,

Demand formal requests before allowing a home inspection in marital dissolution cases

Posted Tuesday, May 19th, 2020 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason

Appellate considerations stemming from res judicata consequences of domestic abuse or contempt findings

Posted Monday, March 30th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The doctrine of res judicata prevents the relitigation of issues previously decided between the same parties. The doctrine requires three essential elements: (1) the judgment

Buying the child(ren)’s time

Posted Friday, February 21st, 2020 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

There’s a never discussed but occasionally employed litigation strategy of using money to purchase time with (or limit an opposing party’s access to) children. Earlier

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