Rule 11 affirmations for family court motions
March 17, 2010
A colleague of mine has asked me to blog on when a Rule 11 affirmation is required for a family court motion. The requirement for
The two purposes for post-trial motions in family court
March 17, 2010
South Carolina Rules of Civil Procedure 52 and 59 allow the family court to alter or amend final orders or judgments. There are “two basic
Countering weasely responses in discovery and pleadings
March 16, 2010
“Weaseling out of things is important to learn. It’s what separates us from the animals! Except the weasel.” -- Homer Simpson A common complaint among family law
March 15, 2010
In 2006, after the Supreme Court changed the family court administrative rules from the 270 day rule (after 270 days from filing, unresolved family court
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
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
The perils of inaccurate (or no) financial declarations in family court
February 25, 2010
For any family court trial involving alimony or attorney’s fees, and for most trials involving child support or support enforcement, an accurate financial declaration is
South Carolina Appellate Courts continue to reward indefinite pleading
February 16, 2010
I applauded when the South Carolina Court of Appeals issued its 2008 opinion in Camp v. Camp, 378 S.C. 237, 662 S.E.2d 458 (Ct. App. 2008) dismissing