Forgoing divorce grounds corroboration based upon an “admission against interest”
Posted Tuesday, January 31st, 2012 by Gregory Forman
Filed under Divorce and Marriage, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
To prevent spouses from making up grounds for a divorce that they are not entitled to, South Carolina requires “corroboration” of divorce grounds to prevent
Posted Thursday, January 26th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The January 25, 2012 Court of Appeals opinion in Mullarkey v. Mullarkey, 397 S.C. 182, 723 S.E.2d 249 (Ct. App. 2012), provides valuable guidance on how to
One hundred things I don’t know about South Carolina family law
Posted Monday, November 14th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Distribution/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific
This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer. None of these questions
Roesler attempts to clarify family court default
Posted Friday, November 11th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
I’ve often considered writing a blog simply listing “100 things I don’t know about family law.” The concept is that after eighteen years practicing family
Court of Appeals’ opinion applies Latimer factors to initial custody determination
Posted Wednesday, August 24th, 2011 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Today’s South Carolina Court of Appeals opinion in McComb v. Conard, 394 S.C. 416, 715 S.E.2d 662 (Ct. App. 2011), approved the family court’s use of
Stipulating to family court discovery
Posted Friday, August 5th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Unlike circuit court, there in no automatic discovery in South Carolina’s family court. See Rule 25, SCRFC. Most of the time, discovery is ordered at the
Posted Wednesday, July 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the July 20, 2011 decision in Ross v. Ross, 394 S.C. 261, 715 S.E.2d 359 (Ct. App. 2011), the Court of Appeals remanded the issue
Disloyal collegiality in the prosecution and non prosecution of motions to compel
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
South Carolina attorneys are expected to be collegial. Part of that collegiality is a reluctance to file motions to compel discovery responses and a frequent
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The June 29, 2011 Court of Appeals opinion in Wannamaker v. Wannamaker, 395 S.C. 592, 719 S.E.2d 261 (Ct. App. 2011) (refiled August 11, 2011 with a
Beaten by implicit credibility determinations
Posted Friday, May 27th, 2011 by Gregory Forman
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18,