Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts

Thursday, August 14, 2014

Newberry Man Married to Four Different Women - All at the Same Time

Newberry County Sheriff James Lee Foster said between 1988 and 2013 Pixley engaged in a “matrimonial crime spree” and married four different women without the benefit of divorcing any previous wives.

Why would he want to do such a thing?

Protip from Permanent Press: Having one wife at time is probably a good guideline to follow - for your own protection.

Read more here: http://www.thestate.com/2014/08/13/3617691/sheriff-newberry-county-man-engaged.html?sp=/99/205/&ihp=1#storylink=cpy

Friday, October 4, 2013

Friday, August 2, 2013

Income and Child Custody

Think family court work is easy? Think again. 

I'll put it up against any field of law, any day of the week. It's tough work. Very fact specific and lots of judgment calls. Not much in the way of "bright line" rules.

Tuesday, May 29, 2012

Six More Family Court Judges On the Way


Normally, I view additional government spending with a healthy dose of skepticism. However, even as someone who extols the virtues of fiscal restraint, I can absolutely say that we need more judges here in South Carolina.

Finally, the State Legislature has realized that South Carolina needs more judges to help manage the rising caseload here in the Palmetto State. Today, the SC Senate passed a bill approving the creation of six new family court judges and three new circuit court judges; nine in total.

This has been long overdue. South Carolina has the fewest number of judges per population and more than twice the national average of case filings per judge. Each year, Justice Toal tells the legislature these facts in her State of the Judiciary Report.

As a practicing lawyer here in South Carolina, I can tell you that wait times for hearings are longer than they need to be. I do a fair amount of family court work, and I do it throughout the state. Some counties run a tight ship, and others are an absolute nightmare.

In a certain county, in family court, just to get a hearing scheduled, not heard, can take up to six months. That's insane. I know the wheels of justice are slow, but six months to get a hearing scheduled means the wheels of justice have fallen off. If you want to get the dockets moving, you have to have more people available to get the cases disposed of. Alternative dispute resolution (mediation) has taken some pressure off the court, but you cannot force people to agree. Sometimes, especially in family court, you have to have an adjudication.

These new judges need to be assigned to the counties in South Carolina that have seen the population grow the most since the last judges were added. As a conservative, I am normally loathe to grow the size of government, but this is actually a legitimate need. I applaud the move to add new judges. The judiciary we have is comprised of some great people, but they're downing in the current workload.

Now, the next step is to get the South Carolina state courts to go to an e-filing system modeled after the Federal System. Automatic discovery and scheduling orders to push parties along is what keeps the Federal Court system moving. Time to get modern, South Carolina.

Monday, September 19, 2011

Filing for a Separation When There's No Romance?


“In my opinion, public policy does not require parties live in separate residences in order to bring a separate maintenance and support suit. Instead, I would allow such a suit where the parties no longer have a ‘romantic’ relationship.”

Theisen vs. Theisen (Justice Pleicones, dissenting)
Opinion No. 27041 Heard April 5, 2011 – Filed September 19, 2011


The quote above is from the dissenting opinion from Justice Pleicones in an opinion that was just released today. Full text here. All respect to the Justice, but sometimes you need a "bright-line" rule for things. This is one of those times. I sympathize with his argument that some people cannot move out, but how is a trial judge supposed to figure out if the parties have enough romance or not? Luckily, this is not the law; it would have really made a hash of things.

Again, Pleicones has probably forgotten more about the law than I'll ever know, but I have to respectfully disagree with his dissent.