The limits of South Carolina Family Court Rule 7

Posted Friday, June 1st, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

South Carolina Family Court Rule 7 creates various evidentiary exceptions to the general rules of hearsay.  Some family law attorneys read this rule to allow

Should child custody be revisited every few years?

Posted Monday, May 21st, 2012 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There was a thoughtful Op-Ed piece in the May 20, 2012 New York Times titled “In Whose Best Interests?” by Ruth Bettelheim, a marriage and family

South Carolina Supreme Court promulgates rules for rules to show cause in family court

Posted Monday, April 30th, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

On April 30, 2012, the South Carolina Supreme Court finally created the long-awaited, oft-deferred family court rules for the handling of rules to show cause.

Caught in a circular firing squad

Posted Tuesday, March 13th, 2012 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Guardians Ad Litem, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I have increasingly come to the conclusion that being a guardian ad litem in South Carolina for private custody cases is an impossible task if

Forgoing divorce grounds corroboration based upon an “admission against interest”

Posted Tuesday, January 31st, 2012 by Gregory Forman
Filed under Divorce and Marriage, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

To prevent spouses from making up grounds for a divorce that they are not entitled to, South Carolina requires “corroboration” of divorce grounds to prevent

Mullarkey opinion utilizes S.C. Code Ann. § 63-3-530(A)(30) to allow clarification of equitable distribution award

Posted Thursday, January 26th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The January 25, 2012 Court of Appeals opinion in Mullarkey v. Mullarkey, 397 S.C. 182, 723 S.E.2d 249 (Ct. App. 2012), provides valuable guidance on how to

Roesler attempts to clarify family court default

Posted Friday, November 11th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I’ve often considered writing a blog simply listing “100 things I don’t know about family law.”  The concept is that after eighteen years practicing family

Court of Appeals’ opinion applies Latimer factors to initial custody determination

Posted Wednesday, August 24th, 2011 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Today’s South Carolina Court of Appeals opinion in McComb v. Conard, 394 S.C. 416, 715 S.E.2d 662 (Ct. App. 2011), approved the family court’s use of

Stipulating to family court discovery

Posted Friday, August 5th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Unlike circuit court, there in no automatic discovery in South Carolina’s family court.  See Rule 25, SCRFC.  Most of the time, discovery is ordered at the

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