Pleadings and motions say why you want at a motion hearing but you need affidavits to say why you’re entitled to it

Posted Friday, February 7th, 2025 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

I encounter litigants, and sometimes even attorneys, who rest on their pleadings and motions (including returns to motions) to support their requests for motions.  They

South Carolina Supreme Court’s proposed new rule addressing temporary hearings is a substantial improvement with a glaring flaw

Posted Saturday, February 1st, 2025 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

On January 29, 2025, the South Carolina Supreme Court proposed an amendment to Rule 21, SCFCR, to the South Carolina General Assembly.  If not rejected

Is sex still an essential component of marriage?

Posted Friday, January 24th, 2025 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to General Public

Interesting article in today’s New York Times, She Was Faulted in Her Divorce for Refusing Sex. A European Court Disagreed. The article addresses a French

How to create an equitable distribution spreadsheet

Posted Wednesday, January 22nd, 2025 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In every case in which equitable distribution is an issue, I will draft an equitable distribution spreadsheet in preparation for settlement negotiations, mediation, and trial. 

If you ghost your family law attorney don’t be surprised if good attorneys won’t work for you

Posted Friday, January 17th, 2025 by Gregory Forman
Filed under Attorney-Client Relations, Of Interest to Family Court Litigants

While my brusque demeanor may hide it, I am aware that family law is a service industry and I work for the clients who retain

In custody actions, don’t look to the guardian (or DSS) to carry your water

Posted Thursday, January 16th, 2025 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I see a lot of custody cases in which one or both parties expect the guardian to do the work and present the evidence that

2024: Another year with few published family court appeals

Posted Wednesday, January 15th, 2025 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

2024 continues the trend in which most calendar years have fewer than ten published family law appeals. For the third year in a row one

Supreme Court holds temporary domestic agreements do not waive elective share

Posted Wednesday, December 18th, 2024 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 18, 2024, South Carolina Supreme Court opinion in Weeks v. Weeks, affirms that a temporary domestic agreement addressing marital property issues does not

No more unilateral remote mediations

Posted Friday, December 6th, 2024 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A December 6, 2024 Supreme Court order rescinds a March 19, 2021 Supreme Court order that authorized remote mediations during the COVID-19 pandemic. That 2021

For second time in under two years, Court of Appeals affirms divided legal custody

Posted Friday, November 22nd, 2024 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The refiled October 21, 2024, Court of Appeals opinion in Abbas-Ghaleb v. Ghaleb, 444 S.C. 245, 907 S.E.2d 105 (Ct. App. 2024), stems from a

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