Posts Tagged ‘Condonation’

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]

What’s “conditional” about the conditional forgiveness in condonation?

“Condonation” is one of the few family law doctrines that appeals to the better angels of our nature.  Allowing one spouse to conditionally forgive the other spouse for misdeeds and take that spouse back upon the condition of future good behavior not only reduces divorce but also allows spouses to act merciful towards each other […]

The culture’s misconceptions about condonation

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 despite a spouse’s adultery and notwithstanding South Carolina’s statutory bar [S.C. Code Ann. § 20-3-130(A)] to awarding alimony to an adulterous spouse.  See, Grubbs v. Grubbs, 272 S.C. 138, 140, […]

 

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