Reserving alimony when there’s military retirement
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.
Script for the beginning of each deposition
Posted Thursday, November 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
There’s a routine set of questions I ask at the beginning of every deposition. I suspect that script would be useful for new attorneys and
Court of Appeals reverses finding of contempt, finding Mother’s non-compliance not willful
Posted Wednesday, October 30th, 2013 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 October 30, 2013 Court of Appeals opinion in Ward v. Washington, 406 S.C. 249, 750 S.E.2d 105 (Ct. App. 2013), reversed a finding of contempt
Are you cross-examining that witness for mistake, bias or corruption?
Posted Monday, October 21st, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to General Public, South Carolina Specific
Recently one of my prior mentees was regaling me with the story of his first custody trial. One of his concerns was his overly confrontational
What can and can’t be fixed by a family court appeal
Posted Thursday, October 17th, 2013 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
Folks sometimes consult with me shortly before their case is going to trial to obtain a second opinion. Typically they are either unhappy with the
When does a judge’s ruling become a valid order?
Posted Wednesday, October 9th, 2013 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Early in my family court career I used to debate with my colleagues as to when a family judge’s ruling became valid. The (super-)majority view
Supreme Court reverses sexual abuse finding based on improperly admitted forensic child interviews
Posted Thursday, September 26th, 2013 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
A split decision in the September 25, 2013 South Carolina Supreme Court opinion in SCDSS v. Pringle, 405 S.C. 608, 749 S.E.2d 301 (2013), reserved a finding
How not to bung-up a responsive pleading
Posted Friday, September 13th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I often see responsive pleadings that hurt the other side’s case. Frequently the response will include extraneous information. This information is like free discovery–learning about
Demanding UCCJEA submissions before filing motions to dismiss child custody cases
Posted Thursday, August 29th, 2013 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
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction
Who does the guardian ad litem work for?
Posted Tuesday, August 27th, 2013 by Gregory Forman
Filed under Guardians Ad Litem, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Frequently guardians ad litem take direction regarding their investigation from the parents or attorneys for the parents without exercising their own independent judgment. Sometimes litigants
