Fernandes v. Fernandes is an unpublished September 2007 opinion from the South Carolina Court of Appeals. Mr. Fernandes retained me after obtaining a disappointing result from his divorce trial.
We appealed twelve issues and only prevailed on two. We convinced the Court of Appeals that the family court had misvalued a vehicle it awarded Mr. Fernandes, which his wife had kept during the litigation, when it valued it at the $9,000.00 value it had at the time of separation rather than the $4,000.00 value it had at the time of trial. We were unsuccessful in convincing the Court of Appeals that the family court erred in not awarding his wife this vehicle or not crediting her with the $5,000.00 depreciation in the vehicle during the litigation period.
We also convinced the Court of Appeals that the family court erred in treating a Navy Federal Credit Union Account as marital property rather than Mr. Fernandes’ separate property.
By prevailing on these two issues, we increased Mr. Fernandes’ equitable distribution award by $34,408.73.
In South Carolina family court, is all social media usage discoverable?
In divorce or child custody cases, I personally don’t like issuing broad discovery requests for the opposing party’s social media usage. Until a
Once an attorney makes an appearance, that attorney can be served with the summons and complaint
If I have knowledge that a family law matter has been filed against an existing client, I will often file my notice of
Supreme Court holds Husband’s successive but timely Rule 59(e) motion stayed Wife’s time to appeal
The March 12, 2025, Supreme Court opinion in Swing v. Swing reinstated an appeal that the Court of Appeals had dismissed as untimely.
