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 one explain one’s request to admit responses?
Posted Friday, April 4th, 2014 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I had a lively debate a few weeks ago with colleagues I respect over whether one should explain request to admit responses that look bad
The two types of motions to compel discovery
Posted Sunday, March 30th, 2014 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Although the rules of civil procedure don’t differentiate them, there are really two distinct types of motions to compel discovery: one addressing the untimeliness of
Better to be an adulterer than an adulterer and a liar
Posted Friday, March 7th, 2014 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A mentee recently asked me if one should admit an allegation of adultery in a responsive pleading when the adultery is obvious. While I think
Reserving alimony when there’s military retirement
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.
Script for the beginning of each deposition
Posted Thursday, November 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
There’s a routine set of questions I ask at the beginning of every deposition. I suspect that script would be useful for new attorneys and
Are you cross-examining that witness for mistake, bias or corruption?
Posted Monday, October 21st, 2013 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to General Public, South Carolina Specific
Recently one of my prior mentees was regaling me with the story of his first custody trial. One of his concerns was his overly confrontational
What can and can’t be fixed by a family court appeal
Posted Thursday, October 17th, 2013 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Folks sometimes consult with me shortly before their case is going to trial to obtain a second opinion. Typically they are either unhappy with the
When does a judge’s ruling become a valid order?
Posted Wednesday, October 9th, 2013 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Early in my family court career I used to debate with my colleagues as to when a family judge’s ruling became valid. The (super-)majority view
How not to bung-up a responsive pleading
Posted Friday, September 13th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I often see responsive pleadings that hurt the other side’s case. Frequently the response will include extraneous information. This information is like free discovery–learning about
