Betting on an estranged spouse’s untimely demise

Posted Saturday, November 26th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few

Wife’s lack of corroborating evidence mostly dooms her appeal

Posted Wednesday, November 2nd, 2016 by Gregory Forman
Filed under Attorney's Fees, Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the Sir Arthur Conan Doyle story “Adventure of the Silver Blaze,” Sherlock Holmes deduces the identity of the thief, in part, by noting that

Five years of litigation, all for naught

Posted Saturday, September 10th, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Contempt/Enforcement of Orders, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals

On the same day two separate Court of Appeals panels reverse transmutation findings

Posted Wednesday, July 13th, 2016 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On July 13, 2016, the Court of Appeals published two opinions in which the primary issue on appeal was transmutation–the almost alchemical process by which

“Hammered” by the family court, Court of Appeals hammers Husband again

Posted Saturday, April 16th, 2016 by Gregory Forman
Filed under Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

There are some family court smack-downs that beg for an appeal. And there are some Court of Appeals decisions that beg for a petition for

Husband’s lack of credibility on financial disclosure has multiple adverse consequences

Posted Saturday, March 19th, 2016 by Gregory Forman
Filed under Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The March 16, 2016 Court of Appeals opinion in Conits v. Conits, 417 S.C. 127, 789 S.E.2d 51 (Ct. App. 2016) rejects many of Husband’s allegations of

South Carolina Supreme Court leaves intact important Court of Appeals opinion on prenuptial agreements

Posted Thursday, December 3rd, 2015 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I probably should have noted this when it came out, but on October 28, 2015 the South Carolina Supreme Court, in Hudson v. Hudson, 414

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

Posted Thursday, October 8th, 2015 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The October 7, 2015 Supreme Court opinion in Moore v. Moore, 414 S.C. 490, 779 S.E.2d 533 (2015), is the first published South Carolina appellate opinion to distinguish

Misvaluing small personal services businesses

Posted Sunday, July 19th, 2015 by Gregory Forman
Filed under Equitable Distribution/Property Division, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions

A recent unpublished opinion Court of Appeals opinion, Herring-Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses for purposes of equitable

Why it’s a bad idea to leave both spouses on a mortgage after the divorce

Posted Tuesday, April 21st, 2015 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

Until about a decade ago almost everyone had equity in their home. When home-owning spouses wanted to end their marriage they would either sell their

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