April 30th, 2026
On April 30, 2026, rule changes proposed by the South Carolina Supreme Court went into effect. These rule changes extend the deadline to file post-trial motions under numerous South Carolina Rules of Civil Procedure from ten days after receiving written notice of the entry of the judgment to twenty days. For family court attorneys, the relevant rule […]
Read MoreNovember 18th, 2025
On October 1, 2025, South Carolina began implementing a new version of Rule 21, SCRFC, addressing the procedures for family court temporary hearings. As Chief Justice John W. Kitteredge noted in a webinar explaining the rule, one of the goals of these new procedures was to end the “trial by ambush,” in which each side […]
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 MoreApril 11th, 2025
In divorce or child custody cases, I personally don’t like issuing broad discovery requests for the opposing party’s social media usage. Until a few years ago I routinely issued such requests for production. Many of my colleagues still do. However, I have changed my thinking. I don’t think a party’s social media usage is per […]
Read MoreApril 7th, 2025
If I have knowledge that a family law matter has been filed against an existing client, I will often file my notice of appearance before my client is served with the summons and complaint. There are at least two good reasons for doing this. First, it allows me to immediately issue discovery. Second, it ensures […]
Read MoreFebruary 7th, 2025
I encounter litigants, and sometimes even attorneys, who rest on their pleadings and motions (including returns to motions) to support their requests for motions. They hamstring their legal rights by doing so. A pleading or motion merely informs the court of what relief a party is seeking or opposing. Sometimes, a motion or return unsupported […]
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