Archive for the ‘Equitable Distribution/Property Division’ Category

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to travel with the child to Bulgaria, alimony, equitable distribution, […]

Hard to win the appeal when you don’t show up for trial

The September 19, 2018 Court of Appeals opinion in Brown v. Odom supports the general proposition that it’s hard to win an appeal when you don’t show up for trial. Brown primarily addresses issues of transmutation and the inclusion in the marital estate of an asset Husband re-deeded to his uncle shortly before Wife filed her […]

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had (admittedly) engaged in a pattern of […]

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm. Either Spiro Conits is a pants-on-fire liar who is finally getting his just desserts or a foolish litigant […]

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

The May 2, 2018 Court of Appeals opinion of Clark v. Clark is one of the rare published opinions approving true joint physical custody. Further the opinion approves a post-trial reformation of an equitable distribution agreement based upon what the court described as a “clerical error.” The Clark divorce litigation essentially commenced when the parties […]

Supreme Court adds one sentence to the Conits opinion

On January 17, 2018, the South Carolina Supreme Court issued a refiled opinion in the case of Conits v. Conits, modifying the concluding sentence to read as follows: We REMAND to the court of appeals to rule on the merits of the issue and to consider any other issues that arise as a result of […]

Supreme Court finds valuation of Greek farm preserved for appeal–remands issue to Court of Appeals

N.B., the Supreme Court subsequently slightly modified the opinion discussed below. See Supreme Court adds one sentence to the Conits opinion. The November 15, 2017 Supreme Court opinion in Conits v. Conits granted Husband’s petition for a writ of certiorari, dispensed with further briefing, and reversed the Court of Appeals opinion in Conits v. Conits, 417 S.C. […]

The myth of the ironclad prenuptial agreement

Intolerable Cruelty, a lesser Coen Brothers movie, follows the courtship of an over-slick, high-powered divorce lawyer and a man-eating gold-digger, as they take turns getting over on the other. The plot’s Macguffin is the “Massey Pre-Nup,” an allegedly ironclad agreement that has never been successfully challenged. It is, obviously, a work of fiction. Most folks seeking […]

 

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