Fixed Fees in Family Law Matters
a billable hour fee arrangement often is not appropriate for many kinds of family law cases....
Can the Family Court “break” a trust if there are allegations that it is illusory ?
Recently there was a claim made in the Charleston Family Court that an overseas trust was fraudulent and being used to hide marital assets. From what I have heard, these allegations were made in good faith and were support by credible evidence. At the beginning of the first day of the trial (sch...
Can personal goodwill attach to proceeds from the sale of a business?
The South Carolina Court of Appeals recently issued a decision from a Beaufort divorce case finding that certain proceeds from the sale of a dental practice did not contain “personal goodwill” which would have passed to the exclusive benefit of Husband/Dentist. Bostic v Bostic.&nbs...
Why we love the practice of family law
We love family law because it constantly challenges us. Family law is some of the most important and complicated work in which lawyers in the United States become engaged. A family law dispute has multiple moving parts, and sub parts, that all must be resolved in one comprehensive, integ...
NC Court of Appeals clarifies requirements to create a binding oral stipulation in the Family Court.
Many times legal disputes (including domestic relations) are resolved on the proverbial “courthouse steps” without first reducing the agreement to writing. While this is not a preferred method of settlement, it is sometimes the only way to get a case resolved. But what happens if, afte...
Can the court appoint a third party to monitor and approve modifications to a parenting plan?
Sometimes a parent is behaves so badly, or has significant mental health and/or substance abuse issues, that at the time of trial they are unfit to have visitation with their children. This puts the trial Judge in a very difficult situation. This issue came to light in an opinion issued by the...
How to find equity in the equitable distribution of a marital estate.
Equitable means "fair", not "equal", and finding fairness in property division in a divorce is often not as complicated as one may think....
