November 21st, 2025
Multiple times every year—three times in the past week—I hear from a South Carolina family court litigant who wishes to repudiate an agreement that has been executed but not yet approved by the family court. Such agreements must be reviewed and approved by the family court before they become valid and enforceable court orders. Moseley v. […]
Read MoreNovember 10th, 2025
I have long thought that reconciliation agreements (also called postnuptial agreements) were of questionable validity. In prenuptial agreements, unmarried parties intend to enter an agreement regarding their marriage before they marry. “The consideration for a premarital agreement is the marriage itself.” Holler v. Holler, 364 S.C. 256, 264, 612 S.E.2d 469, 474 (Ct. App. 2005). […]
Read MoreJanuary 24th, 2025
Interesting article in today’s New York Times, She Was Faulted in Her Divorce for Refusing Sex. A European Court Disagreed. The article addresses a French divorce case. Wife sought a divorce claiming that her Husband’s focus on his career had affected their family life, and that he had been “irritable, violent and hurtful.” Husband argued […]
Read MoreSeptember 13th, 2024
Recent I took the deposition of an alleged paramour in a divorce case I am handling. The deponent, when asked about his adultery with my client’s wife, and upon his attorney’s advice, invoked his 5th Amendment right against self-incrimination. Appellate decisions regarding what constitutes adultery as a basis for divorce (and the adultery bar to […]
Read MoreJuly 24th, 2024
For both professional reasons [family law attorney for 30 years] and personal reasons [husband for 34 years], I find the sociology of marriage a fascinating topic. There are numerous blogs on my website about marriage, a few of them discussing books or essays about marriage. Earlier this year, two writers I greatly admire published books […]
Read MoreMay 3rd, 2024
On May 9, 2024 at 5:00 p.m. I will be doing a Q&A with Marcia Zug, the Miles and Ann Loadholt Professor of Family Law at University of South Carolina on her recently published, You’ll Do: A History of Marrying for Reasons Other Than Love at Blue Bicycle Books, 420 King Street, Charleston, SC 29403. […]
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