Court of Appeals opinion clarifies transmutation and adultery’s bar to alimony

August 6, 2010

The August 4, 2010 South Carolina Court of Appeals opinion in Pruitt v. Pruitt, 389 S.C. 250, 697 S.E.2d 702 (Ct. App. 2010), covers numerous issues, a

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,

South Carolina’s bass-ackwards approach to life insurance to secure support payments

July 15, 2010

South Carolina’s approach to the requirement of life insurance to secure child support or alimony payments could only have been designed by someone with no

Court of Appeals notes it’s unlikely parents agree to their habitually intoxicated spouse having custody of their children

May 28, 2010

A couple of interesting things are happening in yesterday’s Court of Appeals opinion in Bodkin v. Bodkin, 388 S.C. 203, 694 S.E.2d 230 (2010), which, with one

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

Archaic alimony cases

March 4, 2010

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

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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