Posted Wednesday, January 12th, 2022 by Gregory Forman
Filed under Divorce and Marriage, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
n.b. On May 4, 2022, the Court of Appeals issued a refiled opinion making a minor addition on the attorney fee award issue: Refiled Hayduk Opinion Makes
Posted Thursday, November 11th, 2021 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
The November 10, 2021, Supreme Court opinion in Swicegood v. Thompson, 435 S.C. 63, 865 S.E.2d 775 (2021), remedies the obvious error in the Court
Common pitfalls in prenuptial agreements
Posted Thursday, July 23rd, 2020 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Specific
I hate drafting prenuptial agreements, considering them to be malpractice traps. However there are clear procedural and substantive issues that can increase the likelihood of
Posted Wednesday, July 1st, 2020 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
A July 1, 2020, Court of Appeals opinion in Swicegood v. Thompson, 431 S.C. 130, 847 S.E.2d 104 (2020), determined that South Carolina code prohibited
Posted Wednesday, June 24th, 2020 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The June 17, 2020 South Carolina Supreme Court case of In Re Estate of Brown, 430 S.C. 474, 846 S.E.2d 342 (2020), appears to finally
Reflections on thirty years of marriage
Posted Monday, December 30th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to General Public
The main thing that differentiates marriages that end in divorce from those that end when death-do-them-part is the sheer stubbornness of the parties involved.... –that
Stone v. Thompson is in the books
Posted Thursday, November 7th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
Updating some of my blogs this morning to include citations to Southeastern Reporter and South Carolina Reports, I realized that the petition for rehearing in
In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees
Posted Thursday, October 24th, 2019 by Gregory Forman
Filed under Attorney's Fees, Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton, 428 S.C. 460, 836 S.E.2d 351 (Ct. App. 2019), mostly affirms the family
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
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
Is South Carolina heading the wrong path potentially expanding fault divorce?
Posted Tuesday, April 9th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
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,
