Is there a conflict in the equitable distribution statutes on whether property acquired post-filing but before the entry of a temporary order is marital property?

Posted Tuesday, August 28th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

South Carolina Code § 20-3-610 indicates that the marital estate is created “at the time marital litigation is filed or commenced...”  Yet S.C. Code §

Dumpster diving the family court files

Posted Sunday, August 26th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

When I first started practicing family law an early mentor, William J. Hamilton, III, told me that, “the evidence for a thousand divorces lies in

Equalizing incomes doesn’t always equalize lifestyles

Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In setting alimony for really long marriages (30+ years) the family courts sometime try to equalize incomes.  In cases in which both parties are retired

Fighting the wrong battle on transmutation

Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division

I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes

The feminization of family law

Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Law and Culture, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to General Public

Two generations ago there were few woman lawyers.  The early career paths of our first female Supreme Court Justices, Sandra Day O’Connor (Stanford 1952) and

Free CLE on “Financial Issues in Family Law”

Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Continuing Legal Education, Of Interest to Family Law Attorneys, South Carolina Specific

On October 12, 2012 from 1:00 to 4:45 p.m. there will be a free three-hour CLE on “Financial Issues in Family Law” (Course # 126447) at

The limited utility of “hold harmless” provisions of separation agreements for negative-equity real estate

Posted Tuesday, August 21st, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Sometime around 2007 I encountered a situation involving a marital home I not previously dealt with: negative equity.  Prior to 2007 unhappily married folks often

Supreme Court clarifies South Carolina Rules of Civil Procedure 3 and 15

Posted Thursday, August 16th, 2012 by Gregory Forman
Filed under Family Court Procedure, South Carolina Appellate Decisions, South Carolina Specific

The August 15, 2012 Supreme Court opinion in Mims v. Babcock Center, 399 S.C. 341, 732 S.E.2d 395 (2012), clarifies issues of civil procedure that have occasionally

Improper computation of rental income causes Court of Appeals to remand child support determination

Posted Thursday, August 16th, 2012 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

South Carolina attorney Brian A. DiMarco must really love our appellate courts in August because for the second straight August he has obtained a published

Court of Appeals reduces alimony obligation for downsized ex-husband

Posted Thursday, August 16th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the August 15, 2012 opinion of Holmes v. Holmes, 399 S.C. 499, 732 S.E.2d 213 (Ct. App. 2012), the Court of Appeals does what the trial

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