Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990
“Shotgunning” motions to compel discovery
Posted Friday, May 6th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
While the rules of civil procedure don’t create a distinction, there are really two types of motions to compel discovery. The first type of motion
What portions of foreign domestic relations orders are enforceable in South Carolina Family Court?
Posted Thursday, April 14th, 2011 by Gregory Forman
Filed under Audience:, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
When an opposing party lives or has assets in South Carolina, it can often be more effective to enforce a foreign state’s domestic relations order
Venue in South Carolina family court
Posted Friday, April 8th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve been getting asked a number of questions from local family court attorneys regarding venue (the county in which a case is properly heard) in family court.
We ain’t a notice pleading state
Posted Sunday, April 3rd, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A colleague of mine, whom I greatly admire but who will remain nameless, recently posted a blog defining a summons and complaint in which he
Court of Appeals clarifies remedies to sell marital home in face of one party’s intransigence
Posted Thursday, March 31st, 2011 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
Part of the family court’s goals in affecting an equitable distribution of separated spouses’ marital property is severing all entangling legal relationships and placing the
Posted Saturday, March 26th, 2011 by Barry Knobel
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
From Guest Blogger, the Honorable Barry W. Knobel The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which,
Directed verdicts in South Carolina Family Court
Posted Wednesday, March 9th, 2011 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
The past few years a number of attorneys have complained to me about being granted or denied a motion for a directed verdict in family
Discovery in family court: shotgun or rifle approach?
Posted Saturday, January 15th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Many of these blogs are inspired by young attorneys I am informally mentoring. This one was inspired by a query as to the sort of
Doesn’t a family court motion for temporary relief need to state the grounds therefor?
Posted Sunday, December 5th, 2010 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Rule 21 of the South Carolina Rules of Family Court creates specialized rules for Family Court motions for temporary relief. For example, such motions may
