The vital distinction between dismissal with prejudice and dismissal without prejudice
Posted Saturday, April 2nd, 2022 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
In family court there is a vital distinction between dismissal with prejudice and dismissal without prejudice. “A dismissal of a case without prejudice means that
Why not have multiple final orders?
Posted Thursday, March 31st, 2022 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Law Attorneys
When a case concludes, family law attorneys typically draft one final order addressing all issues in the case. It is certainly the easiest method of
Posted Thursday, March 10th, 2022 by Gregory Forman
Filed under Alimony/Spousal Support, 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 March 9, 2022, Court of Appeals opinion in Bostick v. Bostick, 436 S.C. 43, 872 S.E.2d 859 (Ct.App. 2022), reversed the family court’s determination
Surprising few, Supreme Court holds that child issues cannot be arbitrated
Posted Friday, September 10th, 2021 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In Fall 2019, the South Carolina Court of Appeals issued two separate opinions holding that child issues could not be arbitrated: Kosciusko v. Parham, 428
Court of Appeals opinion unwittingly exposes serious flaws in South Carolina’s Family Court Rules
Posted Monday, July 26th, 2021 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The July 7, 2021, Court of Appeals opinion in Taylor v. Taylor, 863 S.E.2d 335, 434 S.C. 307 (Ct. App. 2021), unwittingly exposes serious flaws
Posted Thursday, July 8th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held
Refiled Sellers opinion adds one footnote and one clarification
Posted Wednesday, December 9th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
A refiled December 9, 2020 Court of Appeals opinion in Sellers v. Nicholls, 432 S.C. 101, 851 S.E.2d 54 (Ct. App. 2020), makes two minor
Litigating by day; fornicating by night
Posted Monday, November 2nd, 2020 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants
Early in my career there was a long-ago-retired, rural-county judge who admonished litigants violating the following rule that, “ya cain’t be LIT-I-GATE-in’ in the daytime
Posted Thursday, October 22nd, 2020 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Support, 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 October 21, 2020 South Carolina Court of Appeals opinion in Rogers v. Rogers, 432 S.C. 168, 851 S.E.2d 447 (Ct.App. 2020), partially answers the
Are you seeking to modify or enforce that family court final order (or do both)?
Posted Saturday, October 10th, 2020 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In my eleven-plus years of doing this blog I’ve yet to write about the different procedures and goals in modifying versus enforcing a final order
