Posted Thursday, July 19th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to General Public
The past few years I have, on numerous occasions, met with a family court litigant who has made obvious attempts to alter his or her
Posted Thursday, July 19th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I reviewed two files yesterday in which one party to a custody dispute was refusing to answer questions by invoking her 5th Amendment privilege against
Inter-spousal legal claims that survive the marital dissolution action
Posted Thursday, June 7th, 2012 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Except when explicitly reserved, most inter-spousal claims do not survive a divorce or final order of separate maintenance. If one spouse owes the other money
Visitation cases have a different focus than custody cases
Posted Thursday, June 7th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation
Typically parents retain me to handle visitation cases, rather than seeking custody, when they have not had much recent contact with their child. Often such
The perils of witness-drafted affidavits
Posted Friday, June 1st, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Having witnesses draft their own affidavits is a time and money saving method of preparing for family court hearings. Further having witnesses rather than the
The limits of South Carolina Family Court Rule 7
Posted Friday, June 1st, 2012 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
South Carolina Family Court Rule 7 creates various evidentiary exceptions to the general rules of hearsay. Some family law attorneys read this rule to allow
Reviewing family court temporary hearing affidavits before beginning argument
Posted Wednesday, May 23rd, 2012 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Under South Carolina Rule of Family Court 21(c), “affidavits filed at a temporary hearing need not be served on the opposing party prior to the
The uses and misuses of ambiguity in family court agreements
Posted Tuesday, May 15th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Some of the most contentious family court litigation I have handled involved modification of prior family court agreements in which the agreements were ambiguous to
Mismatched incentives in family court ordered marital home sales
Posted Friday, April 27th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Albert Einstein defined insanity as “doing the same thing over and over again and expecting different results.” I would not claim South Carolina Family Court
Posted Wednesday, April 25th, 2012 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I just finished a trial in which opposing counsel employed a counterstrategy I had never before encountered to a strategy she had suspected I would
