South Carolina Supreme Court promulgates new rules for family court temporary hearings and docketing trials

Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In the November 21, 2012 advance sheet, the South Carolina Supreme Court promulgated new rules regarding family court temporary hearings (pages 5-6) and docketing of

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud

Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Ex parte: Belinda Davis-Branch. In re: Larry Solomon v. Betty Jean Solomon was the South Carolina Supreme Court’s September 2012 “Case of the Month.”  Had

Lewis affirms child custody but remands child support based on improper imputation of husbands’s income

Posted Wednesday, November 14th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The November 14, 2012 Court of Appeals opinion in Lewis v. Lewis, 400 S.C. 354, 734 S.E.2d 322 (Ct. App. 2012), provides some guidance on imputing income

Does South Carolina Rule of Civil Procedure 6(d) violate due process?

Posted Tuesday, November 13th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I recently defended a motion in which the timing of the submitted affidavits has me considering whether South Carolina Rule of Civil Procedure 6(d) violates due

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

“Irresponsible procreation” as a defense of DOMA

Posted Sunday, October 21st, 2012 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Not South Carolina Specific, Of Interest to General Public

On October 18, 2012, in 2-1 decision in the case of Windsor v. United States, 699 F. 3d 169 (2nd. Cir. 2012), the United States Court

Should there be a cause of action for paternity fraud?

Posted Friday, October 19th, 2012 by Gregory Forman
Filed under Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity

A colleague of mine, T. Ryan Phillips, emailed me an October 1, 2012 Tennessee Supreme Court opinion in the case of Hodge v. Craig, 382 S.W.3d

What proof is needed to obtain a physical cruelty divorce?

Posted Thursday, October 18th, 2012 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Physical cruelty is one of South Carolina’s four fault divorce grounds.  Physical cruelty is “actual personal violence, or such a course of physical treatment as

A yellow light for hackers

Posted Saturday, October 13th, 2012 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

The rare occasions when I am required to wade into the morass of the federal Stored Wire and Electronic Communications and Transactional Records Access Act

What’s so important about financial declarations?

Posted Friday, October 12th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, South Carolina Specific

Financial declarations are often the most important piece of evidence in any family court case.  Filling them out and executing them in a cavalier manner

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