What is the burden of proof for adultery divorce in South Carolina?

December 9, 2010

Has anyone else noticed that our South Carolina appellate courts have made a hash out of the burden of proof necessary to obtain a divorce

Maybe we’re stretching the definition of adultery a bit too far?

September 23, 2010

I married a few years before I moved to South Carolina or began practicing family law.  When I married I thought I had a workable

I thought I was “taking one for the team”

September 15, 2010

For a family law attorney, having sexual relations with a client’s spouse is probably the height of (over)zealous advocacy (assuming that the spouse is the

Court of Appeals affirms biased eyewitness testimony insufficient to prove adultery

July 21, 2010

The July 24, 2010 Court of Appeals opinion in Kennedy v. Kennedy, 389 S.C. 494, 699 S.E.2d 184 (Ct. App. 2010) provides some guidance on proof of adultery,

New Frequently Asked Questions

May 18, 2010

The ability to easily add pages to my web site combined with the increasing understanding that many clients and potential clients ask me similar questions

Court of Appeals clarifies what is proof of physical cruelty and what isn’t proof of adultery

April 14, 2010

I have had a number of cases in which a spouse (in my experience, always the husband) has destroyed the home phone in the midst

The culture’s misconceptions about condonation

March 3, 2010

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

Will the rise of “swinging” in the Lowcountry lead to a revival of the connivance defense to South Carolina’s adultery bar to alimony?

March 3, 2010

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

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