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

New Frequently Asked Question: “What’s the difference between a family court temporary order and final order?

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

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

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

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