Demand formal requests before allowing a home inspection in marital dissolution cases
Posted Tuesday, May 19th, 2020 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason
Posted Monday, March 30th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
The doctrine of res judicata prevents the relitigation of issues previously decided between the same parties. The doctrine requires three essential elements: (1) the judgment
Posted Friday, February 21st, 2020 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
There’s a never discussed but occasionally employed litigation strategy of using money to purchase time with (or limit an opposing party’s access to) children. Earlier
Softening up an unrealistic defendant
Posted Thursday, February 20th, 2020 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I began trial in a visitation establishment case yesterday. While preparing for trial earlier this week my client (the plaintiff) asked me how I thought
The difficulties of predicting alimony reduction on retirement
Posted Tuesday, December 3rd, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In 2012 South Carolina passed a statute, S.C. Code § 20-3-170(B), in which one subsection set forth criteria for the family courts to consider when
Marital property as lump sum alimony
Posted Monday, December 2nd, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
There are occasionally cases in which a spouse who would typically pay significant permanent periodic alimony as part of a marital dissolution has destroyed his
What de novo appellate review is actually doing
Posted Tuesday, November 12th, 2019 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I thought it noteworthy when the Supreme Court remanded Stoney v. Stoney, 421 S.C. 528 , 809 S.E.2d 59 (2017), back to the Court of
An evasive or incomplete answer is to be treated as a failure to answer
Posted Monday, October 14th, 2019 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I find it curious that attorneys routinely treat incomplete or evasive discovery responses as no big deal. From my reading, Rule 37(a)(3), SCRCP, could not
The guardian’s questionnaire is additional interrogatories
Posted Tuesday, September 17th, 2019 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
While not thought of as such, the guardian’s questionnaire is akin to additional (child-custody related) interrogatories. As an example, the current questionnaire of a local
Does your work product convey seriousness?
Posted Sunday, September 15th, 2019 by Gregory Forman
Filed under Law Practice Management, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
With every litigation both parties have the options of settlement or trial. One factor in deciding whether and on what terms to settle is how
