Victims of themselves

Posted Saturday, June 16th, 2012 by Gregory Forman
Filed under Law and Culture, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public

I have successfully represented and have great sympathy for women who are subject to domestic abuse from their spouses, former spouses, or former lovers.  No

A great week

Posted Saturday, June 16th, 2012 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public

I spent Thursday evening at Susan Synter’s going-away party.  It was attended by a bunch of newly licensed attorneys practicing family law, many of whom

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

For second consecutive week Court of Appeals reverses and remands family court order due to inadequate factual findings

Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation

Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody

Hammer holds party cannot collaterally attack family court order in circuit court

Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The June 6, 2012 Court of Appeals opinion in Hammer v. Hammer, 399 S.C. 100, 730 S.E.2d 874 (Ct. App. 2012), holds what I thought was

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

Pay your support early

Posted Thursday, May 31st, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Not South Carolina Specific, Of Interest to Family Court Litigants

Typical language in South Carolina support orders is: The obligor shall pay support directly to the obligee.  If the obligor is ever more than five

Court of Appeals reverses custody modification based on family court’s inadequate factual findings

Posted Wednesday, May 30th, 2012 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the May 30, 2012 opinion in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the South Carolina Court of Appeals reversed

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