Court of Appeals affirms dismissal of divorce case in which husband did not meet South Carolina residency requirement

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

The January 12, 2022, Court of Appeals opinion in Hayduk v. Hayduk affirmed the family court’s dismissal of Husband’s divorce action, finding that Husband failed

Supreme Court reverses Court of Appeals determination that same-sex, common-law marriage could not exist prior to 2014

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 remedies the obvious error in the Court of Appeals decision in Swicegood v. Thompson,

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

Court of Appeals determines homosexual couples could not enter common law marriage prior to the Condon case

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

South Carolina Supreme Court uses James Brown’s estate case to clarify validity of subsequent marriage when prior marriage was void

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

South Carolina Supreme Court finally (and only prospectively) abolishes common-law marriage–and makes it harder to establish retroactive common-law marriages

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,

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