Objecting to discovery that you sought yourself
Posted Wednesday, December 5th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I often see attorneys object to discovery requests when those same attorneys request the same discovery. There are potential ethical violations and tactical problems in
Posted Tuesday, November 27th, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Before 2004, when SCRCP 3(a), was revised, it was strategically advantageous to serve a family court complaint as soon as it was filed. This was
What makes a good request for admission?
Posted Tuesday, November 13th, 2012 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
Other than requests for admissions on the authenticity of documents–which can be issued in unlimited numbers--South Carolina Rule of Civil Procedure 36(c) limits a party
Impeaching a guardian ad litem who’s gone (too) rogue
Posted Saturday, October 6th, 2012 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Twenty years experience shows that there’s some validity to Robert Rosen’s jaundiced view of guardians ad litem in private custody cases, best expressed by the
Deposing alleged paramours before filing to terminate alimony
Posted Friday, September 28th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In South Carolina even adultery that occurs during the marital dissolution litigation period is sufficient to terminate alimony. Further adultery can be “proven” through circumstantial
Substance abuse testing before temporary hearings
Posted Tuesday, September 25th, 2012 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
In the South Carolina family courts it is almost a reflexive practice for attorneys to file a motion for temporary relief, seeking all the relief
Shared custody parents should date locally
Posted Saturday, September 8th, 2012 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
One of the more heart wrenching consults I commonly encounter is when a primary caretaker mother who agreed to shared physical custody has fallen in
Can a deserting (without good cause) spouse get alimony?
Posted Friday, September 7th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Legislation, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
How many family law attorneys are aware of S.C. Code § 63-5-20? In my experience not many. With the proper fact pattern that statute might
Dumpster diving the family court files
Posted Sunday, August 26th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
When I first started practicing family law an early mentor, William J. Hamilton, III, told me that, “the evidence for a thousand divorces lies in
Equalizing incomes doesn’t always equalize lifestyles
Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
In setting alimony for really long marriages (30+ years) the family courts sometime try to equalize incomes. In cases in which both parties are retired
