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
I think they call this chutzpah
Posted Thursday, March 27th, 2014 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The March 27, 2014 Supreme Court opinion SCDSS v. Michelle G., 407 S.C. 499, 757 S.E.2d 388 (2014), addresses a 14th Amendment challenge to South Carolina’s termination of
Court of Appeals finds prenuptial agreement only partially limited family court’s jurisdiction
Posted Wednesday, March 26th, 2014 by Gregory Forman
Filed under Attorney's Fees, Equitable Distribution/Property Division, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The March 26, 2014 Court of Appeals opinion in Meehan v. Meehan, 407 S.C. 471, 756 S.E.2d 398 (Ct. App. 2014) determined that the Meehans’ prenuptial divested
Marijuana use and child custody in South Carolina
Posted Tuesday, March 25th, 2014 by Gregory Forman
Filed under Child Custody, Law and Culture, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
One of my oldest and dearest friends was awarded custody of his two children and kept custody until they emancipated. Not only was he openly
Should one verify what doesn’t have to be verified?
Posted Monday, March 24th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
An old mentee of mine asked me if he should verify pleadings given that Rule 11(a) of the South Carolina Rules of Civil Procedure no
Establishing paternity when the husband ain’t the daddy
Posted Thursday, March 20th, 2014 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Paternity, South Carolina Specific
A few times a year I am contacted by a mother who wants to put her child’s biological father on the child’s birth certificate but
Posted Tuesday, March 11th, 2014 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
I received an email from a recent client this weekend which concluded: On a better note I just took [my son] to disney world and
The logical but wrong way to divide transmuted property
Posted Sunday, March 9th, 2014 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to
Should there be a uniform waiting period for a no-fault divorce?
Posted Saturday, March 8th, 2014 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Legislation, Not South Carolina Specific, Of Interest to General Public
I rarely blog on proposed family law legislation. Often legislation fizzles to nothing: in my twenty years of practice bills to abolish common law marriage
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
