Court of Appeals affirms custody determination despite claim of improper guardian investigation

April 4, 2014

The April 2, 2014 Court of Appeals opinion in Simcox-Adams v. Adams, 408 S.C. 252, 758 S.E.2d 206, (Ct. App. 2014), affirmed the family court’s award of

The logical but wrong way to divide transmuted property

March 9, 2014

How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to

Supreme Court affirms lower courts’ ruling on transmutation of husband’s business

January 15, 2014

The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that

Supreme Court alters equitable distribution award and reverses reservation of alimony

February 21, 2013

N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion.  For more information read Supreme Court reconsiders equitable distribution of marital

Fighting the wrong battle on transmutation

August 25, 2012

I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes

Crossland appeal offers interesting guidance on alimony and equitable distribution

March 7, 2012

On July 2, 2014 the South Carolina Supreme Court completely reversed this Court of Appeals opinion.  See Supreme Court completely reverses Court of Appeals and reinstates

Sanders opinion highlights confused nature of transmutation

December 27, 2011

The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders, 396 S.C. 410, 722 S.E.2d 15 (Ct. App. 2011), demonstrates the continuing confused jurisprudence

Fitzwater demonstrates willingness to allow greater deviation from equal division of marital property in shorter marriage

December 19, 2011

The first of the fifteen factors set forth in South Carolina Code Section 20-3-620 regarding the division of marital property is “the duration of the

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