The culture’s misconceptions about condonation

March 3, 2010

Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina.  If proven, condonation revives an alimony claim

Will the rise of “swinging” in the Lowcountry lead to a revival of the connivance defense to South Carolina’s adultery bar to alimony?

March 3, 2010

Professor Roy T. Stuckey’s excellent guidebook, Marital Litigation in South Carolina: Substantive Law (3rd. Ed), has little use for the defense of connivance, concluding its

South Carolina’s alimony lottery

February 19, 2010

I had a recent phone conference with a New Jersey attorney as we discussed the advantages of disadvantages of fighting an alimony case in South

Supreme Court reaffirms that professional goodwill is not marital asset; finds abuse of discretion in family court’s alimony award but provides no explanation to justify its modified award

January 11, 2010

Today’s Supreme Court opinion in Dickert v. Dickert, 387 S.C. 1, 691 S.E.2d 448 (2010), resolved interesting issues of equitable distribution and alimony.  However on the

Financial Decisions to Make as You Divorce

November 14, 2009

Article in yesterday’s New York Times.   Should be required reading/checklist for divorce clients:  Financial Decisions to Make as You Divorce

How does one draft an affidavit?

November 5, 2009

For my mentees–and everyone else I have ever completely frustrated while trying to edit their affidavit: Almost any court hearing that does not allow testimony

Supreme Court holds that waiver of adultery’s bar to alimony does not violate public policy

August 31, 2009

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between

Can the logic justifying property division and alimony in South Carolina be reconciled (or if x=y, why doesn’t -x=-y)?

August 27, 2009

South Carolina is not a community property state (in community property states all marital property is divided equally).  However, in practice, with long-term marriages the

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