Collect evidence before filing for contempt
Posted Thursday, July 28th, 2022 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Earlier in my career I lost a sizable number of contempt petitions I prosecuted because my client lacked the evidence to substantiate his or her
Equitably dividing personal injury proceeds
Posted Tuesday, July 26th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A recurring issue in South Carolina family court is how to “equitably” divide proceeds from personal injury, tort, or Workers’ Compensation claims. The injured spouse
Posted Wednesday, July 20th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Separate Maintenance, South Carolina Appellate Decisions, South Carolina Specific
The July 20, 2022, Court of Appeals opinion in Dover v. Ball, 437 S.C. 82, 876 S.E.2d 161 (Ct. App. 2022), affirms a family court
Posted Sunday, June 19th, 2022 by Gregory Forman
Filed under Child Support, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
It is pretty rare that the United States Supreme Court weighs in on family law matters. Thus, I’m surprised I didn’t hear more about its
The latest insane restraining order making the South Carolina family court rounds
Posted Friday, June 17th, 2022 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I am on repeated record in finding numerous provisions of the typical South Carolina custody order to be overly broad, stupid, and frankly reckless. Over
Pro se appellant creates interesting law on military retirement and jurisdictional challenges
Posted Thursday, May 26th, 2022 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 May 25, 2022, Court of Appeals opinion in the case of Williams v. Williams, 436 S.C. 550, 873 S.E.2d 785 (Ct.App. 2022), demonstrates the
Fornicating (even baby-making) does not turn jointly titled property into “marital property”
Posted Tuesday, May 24th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Law and Culture, Of Interest to General Public, South Carolina Specific
I’ve been getting a number of recent calls from people in long-term sexual relationships seeking assistance in dividing up their property. Sometimes these folks have
The pitfalls of mandatory pre-litigation mediation provisions
Posted Tuesday, May 17th, 2022 by Gregory Forman
Filed under Litigation Strategy, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are
Lecture material for Why Family Court Attorneys should do Appeals
Posted Friday, May 6th, 2022 by Gregory Forman
Filed under Continuing Legal Education, Miscellaneous, Of Interest to Family Law Attorneys, South Carolina Specific
Below is my lecture for the May 6, 2022, Continuing Legal Education program Why Family Court Attorneys should do Appeals: To begin I’d like to
Refiled Hayduk opinion makes small addition on attorney fee issue
Posted Wednesday, May 4th, 2022 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On May 4, 2022, the Court of Appeals issued a refiled opinion in the case of Hayduk v. Hayduk, 436 S.C. 411, 872 S.E.2d 847
