Posted Thursday, March 18th, 2010 by Gregory Forman
Filed under Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve been a certified mediator for less than a year but continually encounter unrepresented parties who want me to mediate their separation, custody or support
Rule 11 affirmations for family court motions
Posted Wednesday, March 17th, 2010 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
A colleague of mine has asked me to blog on when a Rule 11 affirmation is required for a family court motion. The requirement for
The two purposes for post-trial motions in family court
Posted Wednesday, March 17th, 2010 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
South Carolina Rules of Civil Procedure 52 and 59 allow the family court to alter or amend final orders or judgments. There are “two basic
Countering weasely responses in discovery and pleadings
Posted Tuesday, March 16th, 2010 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
“Weaseling out of things is important to learn. It’s what separates us from the animals! Except the weasel.” -- Homer Simpson A common complaint among family law
Posted Monday, March 15th, 2010 by Gregory Forman
Filed under Litigation Strategy, Miscellaneous
In 2006, after the Supreme Court changed the family court administrative rules from the 270 day rule (after 270 days from filing, unresolved family court
Was it a mistake to prevent immediate appellate review of temporary family court orders?
Posted Thursday, March 11th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Custody, Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Specific
It is extremely difficult to get family court temporary orders modified merely upon a claim that the order issued was unfair, based upon inaccurate information,
Posted Thursday, March 4th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Law and Culture, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
Trying (unsuccessfully) to locate a case referenced by Professor Roy T. Stuckey dealing with connivance from the days before South Carolina allowed divorce (1949-50), I
The culture’s misconceptions about condonation
Posted Wednesday, March 3rd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina. If proven, condonation revives an alimony claim
Posted Wednesday, March 3rd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Of Interest to General Public, South Carolina Specific
Professor Roy T. Stuckey’s excellent guidebook, Marital Litigation in South Carolina: Substantive Law (3rd. Ed), has little use for the defense of connivance, concluding its
Posted Monday, March 1st, 2010 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Law Attorneys, South Carolina Specific
Today’s Supreme Court opinion in Doe v. Roe, 386 S.C. 624, 690 S.E.2d 573 (2010), reverses the Court of Appeals and affirms the Family Court’s termination
