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 […]
Archive for the ‘South Carolina Specific’ Category
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 […]
Unpublished Court of Appeals opinion does the unprecedented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 While I only began reading unpublished opinions in 2004, I cannot recall any such unpublished opinions.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 […]
How pro se litigants can best prepare for family law mediations
Most pro se family court litigants are pro se either because they cannot afford attorneys or do not want the contentious litigation that they assume is the natural result of retaining separate attorneys. Often these litigants will use a mediator to help them resolve their disputes. The following suggestions can help such litigants make the […]
Is South Carolina heading the wrong path potentially expanding fault divorce?
In 1969 California became the first state to allow no-fault divorce. In 2010 New York became the last state to allow it. In the interim, the other 48 states began authorizing no-fault divorce, with some abolishing fault grounds for divorce altogether and others, like South Carolina, retaining fault grounds while adding a no-fault ground. When […]