Equitably dividing personal injury proceeds
Posted Tuesday, July 26th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A recurring issue in South Carolina family court is how to “equitably” divide proceeds from personal injury, tort, or Workers’ Compensation claims. The injured spouse
Posted Wednesday, July 20th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Separate Maintenance, South Carolina Appellate Decisions, South Carolina Specific
The July 20, 2022, Court of Appeals opinion in Dover v. Ball, 437 S.C. 82, 876 S.E.2d 161 (Ct. App. 2022), affirms a family court
Posted Sunday, June 19th, 2022 by Gregory Forman
Filed under Child Support, Jurisdiction, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
It is pretty rare that the United States Supreme Court weighs in on family law matters. Thus, I’m surprised I didn’t hear more about its
The latest insane restraining order making the South Carolina family court rounds
Posted Friday, June 17th, 2022 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I am on repeated record in finding numerous provisions of the typical South Carolina custody order to be overly broad, stupid, and frankly reckless. Over
Pro se appellant creates interesting law on military retirement and jurisdictional challenges
Posted Thursday, May 26th, 2022 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 May 25, 2022, Court of Appeals opinion in the case of Williams v. Williams, 436 S.C. 550, 873 S.E.2d 785 (Ct.App. 2022), demonstrates the
The pitfalls of mandatory pre-litigation mediation provisions
Posted Tuesday, May 17th, 2022 by Gregory Forman
Filed under Litigation Strategy, Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are
How being my clients’ fiduciary impacts my practice
Posted Saturday, April 16th, 2022 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants
Comment one to Rule 1.15 of the South Carolina Rules of Professional Conduct make attorneys fiduciaries for their clients. For those not familiar with the
Why would you want a “bulldog” lawyer?
Posted Friday, April 15th, 2022 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants
I occasionally get calls from prospective family law clients wanting to know if I’m a “bulldog” (sometimes, it’s a “pitbull”). One can never be certain
There’s good reasons clients should do things my way
Posted Thursday, April 14th, 2022 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A pretty sizable portion of my clients fight me on the process of doing the work I want done. I would not claim I have
You willing to go to jail over that?
Posted Thursday, April 14th, 2022 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
It amazes me how unseriously many folks subject to South Carolina child custody orders take the requirement of those orders. Per S.C. Code Ann. §