Court of Appeals reopens equitable distribution due to “fraud upon the court”

August 26, 2020

The August 26, 2020, Court of Appeals opinion in Sanders v. Smith presents an unusual resolution of a Rule 60 motion. Husband filed divorce proceedings

Supreme Court holds Rule 60(a), SCRCP, motion is proper procedure to correct potential scrivener’s error in court-approved equitable distribution agreement

May 14, 2020

The May 13, 2020, Supreme Court opinion in Landry v. Landry, 430 S.C. 153, 843 S.E.2d 491 (2020), addresses the proper procedure to correct a

Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution

August 23, 2019

The August 21, 2019 Court of Appeals opinion in Nelson v. Nelson, 428 S.C. 152, 833 S.E.2d 432 (Ct. App. 2019), demonstrates the problems of

Thompson finds Rule 60(b)(5), SCRCP, does not give family court subject matter jurisdiction to modify equitable distribution

August 7, 2019

The August 7, 2019 Court of Appeals opinion in Thompson v. Thompson, 428 S.C. 142, 833 S.E.2d 274 (Ct. App. 2019), holds that Rule 60(b)(5),

May approves reformation of a court-approved equitable distribution agreement based upon an alleged mutual mistake

August 4, 2019

The July 24, 2019 Court of Appeals opinion in May v. May, 428 S.C. 131, 833 S.E.2d 78 (Ct. App. 2019), upheld the family court’s

Vacating court approved agreements

May 12, 2018

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

May 2, 2018

The May 2, 2018 Court of Appeals opinion of Clark v. Clark, 423 S.C. 596, 815 S.E.2d 772 (Ct. App. 2018), is one of the rare

There is no relief from judgment for intrinsic fraud (or do your due diligence)

September 13, 2015

South Carolina Rule of Civil Procedure 60(b) list five different ways one can use a streamlined procedure to obtain relief from a judgment within one