Inter-spousal legal claims that survive the marital dissolution action
Posted Thursday, June 7th, 2012 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Except when explicitly reserved, most inter-spousal claims do not survive a divorce or final order of separate maintenance. If one spouse owes the other money
Visitation cases have a different focus than custody cases
Posted Thursday, June 7th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation
Typically parents retain me to handle visitation cases, rather than seeking custody, when they have not had much recent contact with their child. Often such
Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation
Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody
Hammer holds party cannot collaterally attack family court order in circuit court
Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The June 6, 2012 Court of Appeals opinion in Hammer v. Hammer, 399 S.C. 100, 730 S.E.2d 874 (Ct. App. 2012), holds what I thought was
The perils of witness-drafted affidavits
Posted Friday, June 1st, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Having witnesses draft their own affidavits is a time and money saving method of preparing for family court hearings. Further having witnesses rather than the
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
Posted Thursday, May 31st, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Not South Carolina Specific, Of Interest to Family Court Litigants
Typical language in South Carolina support orders is: The obligor shall pay support directly to the obligee. If the obligor is ever more than five
Court of Appeals reverses custody modification based on family court’s inadequate factual findings
Posted Wednesday, May 30th, 2012 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the May 30, 2012 opinion in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the South Carolina Court of Appeals reversed
Reviewing family court temporary hearing affidavits before beginning argument
Posted Wednesday, May 23rd, 2012 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Under South Carolina Rule of Family Court 21(c), “affidavits filed at a temporary hearing need not be served on the opposing party prior to the
The current legal status of homosexual relationships
Posted Tuesday, May 22nd, 2012 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public
In preparation for last Friday’s interview on WCBD I created an extensive outline of topics that might come up for discussion. In that five minute
