On the wrong side of history again

Posted Friday, October 10th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Specific

Bowing to the inevitable, North Carolina has authorized same sex marriage, leaving South Carolina the last remaining state of the Fourth Circuit to bar such

We could have been more progressive than West Virginia…but no!

Posted Friday, October 10th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

Yesterday, October 9, 2014, in an order from State ex rel. Wilson v. Condon, 410 S.C. 331, 764 S.E.2d 247 (2014), the South Carolina Supreme Court issued

South Carolina likely to be compelled to allow same sex marriage

Posted Monday, October 6th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific, United States Supreme Court Decisions

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional.

Third time’s a charm?

Posted Wednesday, October 1st, 2014 by Gregory Forman
Filed under Audience:, Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On October 1, 2014, and for a second time, the South Carolina Court of Appeals has issued a revised published opinion in the case of

Court of Appeals reconsiders its decision and reinstates no fault divorce

Posted Monday, August 4th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B., on October 1, 2014, the Court of Appeals modified this modified opinion: Third time's a charm? When I blogged on the May 14, 2014

Court of Appeals finds adultery by both spouses and changes ground for divorce

Posted Thursday, May 15th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court’s no-fault ground for divorce: Court of Appeals reconsiders

Why file for separate maintenance when one doesn’t have grounds for divorce?

Posted Thursday, April 24th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Separate maintenance is the action one files with the family court when one is no longer living with one’s spouse but one doesn’t yet have

Should there be a uniform waiting period for a no-fault divorce?

Posted Saturday, March 8th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Legislation, Not South Carolina Specific, Of Interest to General Public

I rarely blog on proposed family law legislation.  Often legislation fizzles to nothing: in my twenty years of practice bills to abolish common law marriage

South Carolina Supreme Court refuses to adopt the “putative spouse” doctrine

Posted Wednesday, August 28th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

In the August 28, 2013 opinion of Hill v. Bell, 405 S.C. 423, 747 S.E.2d 791 (2013), the South Carolina Supreme Court refused to adopt the “putative

Sue the cuckolder elsewhere

Posted Wednesday, August 7th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Cheated-upon spouses occasionally inquire whether they can sue the other man (or woman) for breaking up their marriage.  In South Carolina the answer is no:

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