Posts Tagged ‘Roy T. Stuckey’

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had (admittedly) engaged in a pattern of […]

Now there’s a third way to become married in South Carolina

I would like to thank Professor Roy T. Stuckey for making me aware of the February 18, 2015 Court of Appeals opinion in Thomas v. 5 Star Transportation, 412 S.C. 1, 770 S.E.2d 183 (Ct. App. 2015). Evidently there is now a third way for folks to become married in South Carolina. Thomas was a […]

Cultural misconceptions regarding annulment

An annulment, in contrast to a divorce, treats a marriage as though it never happened.  Folks often contact me seeking an annulment but, in close to two decades of family law practice, I cannot recall ever obtaining an annulment for a client.  Except for marriages that are void as a matter of law, the grounds […]

In opinion with numerous oddities, Supreme Court approves active/passive approach to valuing marital property

In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the […]

Should separation be required for a separate maintenance action?

In April 2011, the South Carolina Supreme Court heard oral argument in the case of Eileen Frances Theresa Busto Theisen v. Clifford Richard Theisen.  According to the Supreme Court’s roster of cases, the issue in this appeal is “whether physical separation is a pre-requisite for a party to receive separate maintenance and support.”  Since Supreme […]

Should having sex, or even spending nights, with one’s spouse prevent a one-year’s continuous separation divorce?

South Carolina law allows spouses to obtain a divorce when they “have lived separate and apart without cohabitation for a period of one year.” S.C. Code Ann. § 20-3-10(5).  Based primarily upon what I hear anecdotally, I suspect if you asked South Carolina family court judges whether they could grant a divorce on this ground […]

Court ordered sibling visitation in South Carolina

One of the more recent additions to the South Carolina jurisdictional code regarding children and family court, § 63-3-530, is subsection 44, which allows the family court “to order sibling visitation where the court finds it is in the best interest of the children.”  The sentiments behind this code subsection, the judicial protection of sibling […]

Archaic alimony cases

Trying (unsuccessfully) to locate a case referenced by Professor Roy T.  Stuckey dealing with connivance from the days before South Carolina allowed divorce (1949-50), I ended up reviewing alimony cases of the early 20th century.  It was interesting seeing what behaviors riled spouses, or the South Carolina Supreme Court, a century ago.  Before South Carolina […]

 

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