Posts Tagged ‘Divorce’

Does South Carolina divorce law distinguish marijuana use from abuse?

One of South Carolina’s four fault grounds for divorce under S.C. Code §20-3-10 is “Habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug.” Hutchinson v. Liberty Life Insurance Co., 393 S.C. 19, 709 S.E.2d 130 (Ct.App. 2011) indicates that marijuana qualifies as a […]

Is merely having a “crush” on another marital fault?

I recently handled oral argument on an appeal that resulted in the unpublished opinion. One unusual aspect of the case was Husband’s focus, and the opinion’s recognition, that, Wife had a “crush” on someone who worked with one of the parties’ children and that Husband learned of this crush when he caught Wife emailing a […]

Stoney 2 (or 4) largely follows the original Stoney opinion

The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion. Told by the Supreme Court to review the case on a de novo standard of review, and then told by the Supreme Court to review evidentiary and procedural issues on an […]

Wife’s lack of corroborating evidence mostly dooms her appeal

In the Sir Arthur Conan Doyle story “Adventure of the Silver Blaze,” Sherlock Holmes deduces the identity of the thief, in part, by noting that a dog did not bark, indicating the thief was no stranger. Holmes understood that the absence of evidence can be as telling as evidence itself. This is often true in […]

Don’t end a long-term marriage unless you’re ready to amputate

I spend a bit of time talking folks in long-term marriages out of separating from a spouse with whom they are unhappy. It’s amazing how many people come to me expecting that ending their long-term marriage will be relatively painless. Instead I liken it to an amputation: expect serious, permanent loss as part of a […]

How soon can one get a divorce after filing?

Folks who have filed for divorce often wonder why it takes so long for them to get divorced. S.C. Code § 20-3-80 sets “Required delays before reference and final decree.” It requires that hearings on a divorce based on physical cruelty, adultery or habitual intoxication not take place until two months after the date the […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

N.B., on October 1, 2014, the Court of Appeals modified this modified opinion: Third time’s a charm? When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court’s no-fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault divorce.  On October 1, 2014, it modified it a second time: Third time’s a charm? In the extremely odd May 14, 2014 opinion of Mick-Skaggs […]

 

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