The limited utility of “hold harmless” provisions of separation agreements for negative-equity real estate

August 21, 2012

Sometime around 2007 I encountered a situation involving a marital home I not previously dealt with: negative equity.  Prior to 2007 unhappily married folks often

Successfully representing the uncredible family court client

August 8, 2012

Credibility is a major issue in most family court trials. See e.g., Lewis v. Lewis, 392 S.C. 381 709 S.E.2d 650, 654 (2011) (“The highly fact-intensive nature

What drinking problem?

July 19, 2012

The past few years I have, on numerous occasions, met with a family court litigant who has made obvious attempts to alter his or her

A shield but not a sword

July 19, 2012

I reviewed two files yesterday in which one party to a custody dispute was refusing to answer questions by invoking her 5th Amendment privilege against

Inter-spousal legal claims that survive the marital dissolution action

June 7, 2012

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

June 7, 2012

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

The perils of witness-drafted affidavits

June 1, 2012

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

June 1, 2012

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

Share

Subscribe

Archives