When does a judge’s ruling become a valid order?
Posted Wednesday, October 9th, 2013 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Early in my family court career I used to debate with my colleagues as to when a family judge’s ruling became valid. The (super-)majority view
How not to bung-up a responsive pleading
Posted Friday, September 13th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I often see responsive pleadings that hurt the other side’s case. Frequently the response will include extraneous information. This information is like free discovery–learning about
Demanding UCCJEA submissions before filing motions to dismiss child custody cases
Posted Thursday, August 29th, 2013 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
Multi-state child custody actions often get filed where it is unclear if, and how, the state where the action is filed has subject matter jurisdiction
When seeking to modify child support, it’s imperative to file and serve a complaint
Posted Thursday, August 22nd, 2013 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation. However, when one is
Two unusual, and quite useful, family law supplemental interrogatories
Posted Friday, August 16th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Though South Carolina family law attorneys are limited to fifty supplemental interrogatories, the boilerplate supplemental interrogatories I encounter are often ill designed to capture useful
Obtaining funding for an ongoing family court case
Posted Friday, August 9th, 2013 by Gregory Forman
Filed under Attorney's Fees, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Unless one filed a specific request for advance suit costs, at most motions for temporary relief the family court will only award fees (if it
Three reasons not to file a motion for temporary relief if the status quo is fine
Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I still often see other attorneys filing motions for temporary relief with their initial complaint even if the status quo is acceptable to their client.
Contempt sanction notice in family court orders
Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I actually have a form file, contempt sanction notice, that contains language I infrequently include at the bottom of proposed family court orders: Take notice
How to help a family court litigant who failed to show up for trial
Posted Thursday, August 1st, 2013 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 couple times each year I will get contacted by a family law litigant who failed to show up for trial and wants to appeal
Seeking protective orders for private investigator information
Posted Friday, July 19th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Since adultery is often a bar to alimony in South Carolina, family law attorneys here frequently employ private investigators (PIs). However, even when such PIs
