Maybe we’re stretching the definition of adultery a bit too far?

Posted Thursday, September 23rd, 2010 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public

I married a few years before I moved to South Carolina or began practicing family law.  When I married I thought I had a workable

Should having sex, or even spending nights, with one’s spouse prevent a one-year’s continuous separation divorce?

Posted Thursday, September 16th, 2010 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to General Public, South Carolina Specific

South Carolina law allows spouses to obtain a divorce when they “have lived separate and apart without cohabitation for a period of one year.” S.C.

What’s “conditional” about the conditional forgiveness in condonation?

Posted Thursday, September 9th, 2010 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

“Condonation” is one of the few family law doctrines that appeals to the better angels of our nature.  Allowing one spouse to conditionally forgive the

Court of Appeals affirms biased eyewitness testimony insufficient to prove adultery

Posted Wednesday, July 21st, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 24, 2010 Court of Appeals opinion in Kennedy v. Kennedy, 389 S.C. 494, 699 S.E.2d 184 (Ct. App. 2010) provides some guidance on proof of adultery,

Court of Appeals notes it’s unlikely parents agree to their habitually intoxicated spouse having custody of their children

Posted Friday, May 28th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

A couple of interesting things are happening in yesterday’s Court of Appeals opinion in Bodkin v. Bodkin, 388 S.C. 203, 694 S.E.2d 230 (2010), which, with one

When your divorce lawyer’s results leave you vaguely unsatisfied

Posted Thursday, April 15th, 2010 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public

Found this on a recent vacation at a Voodoo shop in New Orleans.  Over the years I have had more than one divorcing client who would

Court of Appeals clarifies what is proof of physical cruelty and what isn’t proof of adultery

Posted Wednesday, April 14th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I have had a number of cases in which a spouse (in my experience, always the husband) has destroyed the home phone in the midst

The culture’s misconceptions about condonation

Posted Wednesday, March 3rd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina.  If proven, condonation revives an alimony claim

Will the rise of “swinging” in the Lowcountry lead to a revival of the connivance defense to South Carolina’s adultery bar to alimony?

Posted Wednesday, March 3rd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Of Interest to General Public, South Carolina Specific

Professor Roy T. Stuckey’s excellent guidebook, Marital Litigation in South Carolina: Substantive Law (3rd. Ed), has little use for the defense of connivance, concluding its

What do Women Want?

Posted Sunday, February 28th, 2010 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public

Sigmund Freud spent much of his career seeking an answer to the question “Was will das Weib?”  (translation “What does a woman want?”).  As a

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