Wife motion (South Carolina) · Go Syfert
← South Carolina issues

Wife motion in South Carolina

17 South Carolina opinions name it 2 courts 1981–2026 6 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (35)

CaseFollowedCited
Swentor v. Swentorgreen
scctapp · 1999 · cited in 2 South Carolina opinions naming this issue, 2024–2026
2 sentences

2026See Swentor, 336 S.C. at 479 , 520 S.E.2d at 334 ("Once approved, an agreement may be enforced by the family court through its contempt powers, unless the agreement unambiguously denies the court continuing jurisdiction over the matter.").3 Because we reverse the family court's orders adopting and enforcing the Mediation Agreement and denying Wife's motion to reconsider, we also reverse the awards of fees and costs included in those orders.

2026See Swentor, 336 S.C. at 479 , 520 S.E.2d at 334 ("Once approved, an agreement may be enforced by the family court through its contempt powers, unless the agreement unambiguously denies the court continuing jurisdiction over the matter.").3 Because we reverse the family court's orders adopting and enforcing the Mediation Agreement and denying Wife's motion to reconsider, we also reverse the awards of fees and costs included in those orders.

22
Lewis v. Lewisgreen
sc · 2011 · cited in 2 South Carolina opinions naming this issue, 2018–2023
2 sentences

2023STANDARD OF REVIEW "The family court is a court of equity." Lewis v. Lewis, 392 S.C. 381, 386 , 709 S.E.2d 650, 652 (2011).

2023STANDARD OF REVIEW "The family court is a court of equity." Lewis v. Lewis, 392 S.C. 381, 386 , 709 S.E.2d 650, 652 (2011).

12
Bojilov v. Bojilovgreen
scctapp · 2018 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026See Bojilov v. Bojilov, 425 S.C. 161, 191 , 819 S.E.2d 791, 807 (Ct. App. 2018) ("The appellate court may reverse an attorney's fees award when the beneficial results achieved by trial counsel are reversed on appeal.").

2026See Bojilov v. Bojilov, 425 S.C. 161, 191 , 819 S.E.2d 791, 807 (Ct. App. 2018) ("The appellate court may reverse an attorney's fees award when the beneficial results achieved by trial counsel are reversed on appeal.").

11
Myers v. Myersgreen
scctapp · 2011 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

11
Woodward v. Woodwardgreen
scctapp · 1987 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

11
McElveen v. McElveengreen
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

11
Bogan v. Bogangreen
scctapp · 1989 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Davis v. Davis, 372 S.C. 64, 75 , 641 S.E.2d 446, 451 (Ct. App. 2006) ("Where an agreement is clear and capable of legal construction the court's only function is to interpret its lawful meaning and the intention of the parties as found within the agreement and give effect to them." (quoting Bogan v. Bogan, 298 S.C. 139, 142 , 378 S.E.2d 606, 608 (Ct. App. 1989))).

2023See Davis v. Davis, 372 S.C. 64, 75 , 641 S.E.2d 446, 451 (Ct. App. 2006) ("Where an agreement is clear and capable of legal construction the court's only function is to interpret its lawful meaning and the intention of the parties as found within the agreement and give effect to them." (quoting Bogan v. Bogan, 298 S.C. 139, 142 , 378 S.E.2d 606, 608 (Ct. App. 1989))).

11
Davis v. Davisgreen
scctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Davis v. Davis, 372 S.C. 64, 75 , 641 S.E.2d 446, 451 (Ct. App. 2006) ("Where an agreement is clear and capable of legal construction the court's only function is to interpret its lawful meaning and the intention of the parties as found within the agreement and give effect to them." (quoting Bogan v. Bogan, 298 S.C. 139, 142 , 378 S.E.2d 606, 608 (Ct. App. 1989))).

2023See Davis v. Davis, 372 S.C. 64, 75 , 641 S.E.2d 446, 451 (Ct. App. 2006) ("Where an agreement is clear and capable of legal construction the court's only function is to interpret its lawful meaning and the intention of the parties as found within the agreement and give effect to them." (quoting Bogan v. Bogan, 298 S.C. 139, 142 , 378 S.E.2d 606, 608 (Ct. App. 1989))).

11
Moseley v. Mosiergreen
sc · 1983 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Rule 14(a), SCRFC, note ("The rule to show cause provided [in Rule 14(a), SCRFC,] is for contempt of court arising from failure to comply with the Court's orders, decrees or judgments and for enforcement thereof." (emphasis added)); Moseley, 279 S.C. at 353 , 306 S.E.2d at 627 ("With the court's approval, the terms [of an agreement] become a part of the decree and are binding on the parties and the court.").

2023See Rule 14(a), SCRFC, note ("The rule to show cause provided [in Rule 14(a), SCRFC,] is for contempt of court arising from failure to comply with the Court's orders, decrees or judgments and for enforcement thereof." (emphasis added)); Moseley, 279 S.C. at 353 , 306 S.E.2d at 627 ("With the court's approval, the terms [of an agreement] become a part of the decree and are binding on the parties and the court.").

11
Holcombe v. Hardeegreen
sc · 1991 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

11
Evans v. Guntergreen
scctapp · 1988 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sanders, 431 S.C. at 611, 848 S.E.2d at 607 ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and we review such decisions using an abuse of discretion standard."); Rule 60(b)(5) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding" if "it is no longer equitable that the judgment should have prospective application."); Bowers v. Bowers, 304 S.C. 65, 67 , 403 S.E.2d 127, 129 (Ct. App. 1991) ("The movant in a Rule 60(b) motion has the burden of presenting

2022See Sanders, 431 S.C. at 611, 848 S.E.2d at 607 ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and we review such decisions using an abuse of discretion standard."); Rule 60(b)(5) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding" if "it is no longer equitable that the judgment should have prospective application."); Bowers v. Bowers, 304 S.C. 65, 67 , 403 S.E.2d 127, 129 (Ct. App. 1991) ("The movant in a Rule 60(b) motion has the burden of presenting

11
Rouvet v. Rouvetgreen
scctapp · 2010 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

11
Bowers v. Bowersgreen
scctapp · 1991 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sanders, 431 S.C. at 611, 848 S.E.2d at 607 ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and we review such decisions using an abuse of discretion standard."); Rule 60(b)(5) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding" if "it is no longer equitable that the judgment should have prospective application."); Bowers v. Bowers, 304 S.C. 65, 67 , 403 S.E.2d 127, 129 (Ct. App. 1991) ("The movant in a Rule 60(b) motion has the burden of presenting

2022See Sanders, 431 S.C. at 611, 848 S.E.2d at 607 ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and we review such decisions using an abuse of discretion standard."); Rule 60(b)(5) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding" if "it is no longer equitable that the judgment should have prospective application."); Bowers v. Bowers, 304 S.C. 65, 67 , 403 S.E.2d 127, 129 (Ct. App. 1991) ("The movant in a Rule 60(b) motion has the burden of presenting

11
Griffith v. Griffithgreen
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

2022See Sanders v. Smith, 431 S.C. 605 , 611, 848 S.E.2d 604 , 607 (Ct. App. 2020) ("The family court has discretion in deciding whether to grant or deny a motion made pursuant to Rule 60(b) and [an appellate court] review[s] such decisions using an abuse of discretion standard."); Rule 60(b)(1) ("On motion and upon such terms as are just, the [family] court may relieve a party . . . from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect."); Griffith v. Griffith, 332 S.C. 630, 646-47 , 506 S.E.2d 526, 535 (Ct. App. 1998) ("[W]hen an order from t

11
Penny v. Greengreen
scctapp · 2004 · cited in 1 South Carolina opinions naming this issue, 2021–2021
2 sentences

2021See Penny v. Green, 357 S.C. 583, 589 , 594 S.E.2d 171, 174 (Ct. App. 2004) ("Several considerations relevant to the initial determination of alimony may be applied in the modification context as well, including the parties' standard of living during the marriage . . . .").

2021See Penny v. Green, 357 S.C. 583, 589 , 594 S.E.2d 171, 174 (Ct. App. 2004) ("Several considerations relevant to the initial determination of alimony may be applied in the modification context as well, including the parties' standard of living during the marriage . . . .").

11
In re Aumangreen
sc · 2015 · cited in 1 South Carolina opinions naming this issue, 2017–2017
1 sentence

2017See Srivastava v. Srivastava, 411 S.C. 481, 489 , 769 S.E.2d 442 , 447 (Ct. App. 2015) ("An award of attorney's fees rests within the sound discretion of the [family court] and should not be disturbed on appeal absent an abuse of discretion." (quoting Doe v. Doe, 319 S.C. 151, 157 , 459 S.E.2d 892, 896 (Ct. App. 1995))).

11
Srivastava v. Srivastavagreen
scctapp · 2014 · cited in 1 South Carolina opinions naming this issue, 2017–2017
1 sentence

2017See Srivastava v. Srivastava, 411 S.C. 481, 489 , 769 S.E.2d 442 , 447 (Ct. App. 2015) ("An award of attorney's fees rests within the sound discretion of the [family court] and should not be disturbed on appeal absent an abuse of discretion." (quoting Doe v. Doe, 319 S.C. 151, 157 , 459 S.E.2d 892, 896 (Ct. App. 1995))).

11
Pye v. Estate of Fox Ex Rel. Estate of Foxgreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Buist, 410 S.C. at 574 , 766 S.E.2d at 383 ("It is well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved." (quoting Pye v. Estate of Fox, 369 S.C. 555, 564 , 633 S.E.2d 505, 510 (2006))).

2017See Buist, 410 S.C. at 574 , 766 S.E.2d at 383 ("It is well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved." (quoting Pye v. Estate of Fox, 369 S.C. 555, 564 , 633 S.E.2d 505, 510 (2006))).

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Doe v. Doegreen
scctapp · 1995 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Srivastava v. Srivastava, 411 S.C. 481, 489 , 769 S.E.2d 442 , 447 (Ct. App. 2015) ("An award of attorney's fees rests within the sound discretion of the [family court] and should not be disturbed on appeal absent an abuse of discretion." (quoting Doe v. Doe, 319 S.C. 151, 157 , 459 S.E.2d 892, 896 (Ct. App. 1995))).

2017See Srivastava v. Srivastava, 411 S.C. 481, 489 , 769 S.E.2d 442 , 447 (Ct. App. 2015) ("An award of attorney's fees rests within the sound discretion of the [family court] and should not be disturbed on appeal absent an abuse of discretion." (quoting Doe v. Doe, 319 S.C. 151, 157 , 459 S.E.2d 892, 896 (Ct. App. 1995))).

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Doe v. Doegreen
scctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Doe v. Doe, 370 S.C. 206, 212 , 634 S.E.2d 51, 54 (Ct. App. 2006) ("To preserve an issue for appellate review, the issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the [family] court."); id. at 212 , 634 S.E.2d at 55 ("[W]hen an appellant neither raises an issue at trial nor through a Rule 59(e), SCRCP, motion, the issue is not preserved for appellate review."). 5.

2017See Doe v. Doe, 370 S.C. 206, 212 , 634 S.E.2d 51, 54 (Ct. App. 2006) ("To preserve an issue for appellate review, the issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the [family] court."); id. at 212 , 634 S.E.2d at 55 ("[W]hen an appellant neither raises an issue at trial nor through a Rule 59(e), SCRCP, motion, the issue is not preserved for appellate review."). 5.

11
Buist v. Buistgreen
sc · 2014 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Buist, 410 S.C. at 574 , 766 S.E.2d at 383 ("It is well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved." (quoting Pye v. Estate of Fox, 369 S.C. 555, 564 , 633 S.E.2d 505, 510 (2006))).

2017See Buist, 410 S.C. at 574 , 766 S.E.2d at 383 ("It is well settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved." (quoting Pye v. Estate of Fox, 369 S.C. 555, 564 , 633 S.E.2d 505, 510 (2006))).

11
Gallagher Ex Rel. Estate of Evert v. Evertgreen
scctapp · 2002 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Gallagher v. Evert, 353 S.C. 59, 63 , 577 S.E.2d 217, 219 (Ct. App. 2002) ("The notes to Rule 59, SCRCP, indicate that subsection (g) was added to help insure the judge is promptly notified that the motion has been filed.

2014See Gallagher v. Evert, 353 S.C. 59, 63 , 577 S.E.2d 217, 219 (Ct. App. 2002) ("The notes to Rule 59, SCRCP, indicate that subsection (g) was added to help insure the judge is promptly notified that the motion has been filed.

11
Runyon v. Wrightgreen
sc · 1996 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014As to whether the family court improperly sanctioned Wife pursuant to Rule 11, SCRCP, and exceeded its authority in the sanctions ordered, including its decision to dismiss Wife's claim that Husband should have to reimburse her for a drug test: Runyon v. Wright, 322 S.C. 15, 18-19 , 471 S.E.2d 160, 161-62 (1996) (stating under Rule 11, SCRCP, a party may be sanctioned for filing a frivolous pleading, motion, or other paper, or for making frivolous arguments); id. at 19 , 471 S.E.2d at 162 (stating the party "may also be sanctioned for filing a pleading, motion, or other paper in bad faith (i.e

2014As to whether the family court improperly sanctioned Wife pursuant to Rule 11, SCRCP, and exceeded its authority in the sanctions ordered, including its decision to dismiss Wife's claim that Husband should have to reimburse her for a drug test: Runyon v. Wright, 322 S.C. 15, 18-19 , 471 S.E.2d 160, 161-62 (1996) (stating under Rule 11, SCRCP, a party may be sanctioned for filing a frivolous pleading, motion, or other paper, or for making frivolous arguments); id. at 19 , 471 S.E.2d at 162 (stating the party "may also be sanctioned for filing a pleading, motion, or other paper in bad faith (i.e

11
Chafin v. Chafingreen
alacivapp · 2012 · cited in 1 South Carolina opinions naming this issue, 2013–2013
1 sentence

2013See Chafin v. Chafen, 101 So.3d 234 (Ala.Civ.App. 2012) (holding the trial court had jurisdiction to divorce the parties where the husband alleged that he had been a resident of Alabama for more than six months when he filed his complaint for divorce and the wife did not challenge the fact that husband was an Alabama resident); see also Ala.Code § 30-2-5 (2011) (“When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.”).

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Green v. Greengreen
scctapp · 1995 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012See Green v. Green, 320 S.C. 347, 350-51 , 465 S.E.2d 130, 132-33 (Ct. App. 1995) (upon Wife's challenge to the timeliness of a Rule 59(e) motion, the family court found Husband had produced credible evidence of the motion's timeliness; on appeal, the court of appeals upheld the family court's implicit credibility determination that the motion was timely served).

2012See Green v. Green, 320 S.C. 347, 350-51 , 465 S.E.2d 130, 132-33 (Ct. App. 1995) (upon Wife's challenge to the timeliness of a Rule 59(e) motion, the family court found Husband had produced credible evidence of the motion's timeliness; on appeal, the court of appeals upheld the family court's implicit credibility determination that the motion was timely served).

11
High v. Highgreen
scctapp · 2010 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011As to whether the family court erred by awarding Wife $4,504.62 in attorney's fees in connection to Wife's motion to compel, we find no error.[1] See High v. High , 389 S.C. 226, 249 , 697 S.E.2d 690, 702 (Ct. App. 2010) (providing the award of attorney's fees in a domestic action rests within the sound discretion of the family court and will not be reversed absent an abuse of discretion); Dickert v. Dickert , 387 S.C. 1 , 10–11, 691 S.E.2d 448, 453 (2010) (holding the family court did not abuse its discretion in awarding attorney's fees when it properly considered the E.D.M. and Glasscock fac

2011As to whether the family court erred by awarding Wife $4,504.62 in attorney's fees in connection to Wife's motion to compel, we find no error.[1] See High v. High , 389 S.C. 226, 249 , 697 S.E.2d 690, 702 (Ct. App. 2010) (providing the award of attorney's fees in a domestic action rests within the sound discretion of the family court and will not be reversed absent an abuse of discretion); Dickert v. Dickert , 387 S.C. 1 , 10–11, 691 S.E.2d 448, 453 (2010) (holding the family court did not abuse its discretion in awarding attorney's fees when it properly considered the E.D.M. and Glasscock fac

11
Edm v. Tamgreen
sc · 1992 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011See Reiss v. Reiss , 392 S.C. 198, 210 , 708 S.E.2d 799, 805 (Ct. App. 2011) ("In deciding whether to award attorney's fees and costs, the family court should consider '(1) the party's ability to pay his/her own attorney's fee; (2) beneficial results obtained by the attorney; (3) the parties' respective financial conditions; [and] (4) effect of the attorney's fee on each party's standard of living.'" (quoting E.D.M. v. T.A.M. , 307 S.C. 471 , 476–77, 415 S.E.2d 812, 816 (1992))); id. ("In determining a reasonable attorney's fee the family court should consider '(1) the nature, extent, and diff

2011See Reiss v. Reiss , 392 S.C. 198, 210 , 708 S.E.2d 799, 805 (Ct. App. 2011) ("In deciding whether to award attorney's fees and costs, the family court should consider '(1) the party's ability to pay his/her own attorney's fee; (2) beneficial results obtained by the attorney; (3) the parties' respective financial conditions; [and] (4) effect of the attorney's fee on each party's standard of living.'" (quoting E.D.M. v. T.A.M. , 307 S.C. 471 , 476–77, 415 S.E.2d 812, 816 (1992))); id. ("In determining a reasonable attorney's fee the family court should consider '(1) the nature, extent, and diff

11
Reiss v. Reissgreen
scctapp · 2011 · cited in 1 South Carolina opinions naming this issue, 2011–2011
11
Glasscock v. Glasscockgreen
sc · 1991 · cited in 1 South Carolina opinions naming this issue, 2011–2011
11
Dickert v. Dickertgreen
sc · 2010 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011As to whether the family court erred by awarding Wife $4,504.62 in attorney's fees in connection to Wife's motion to compel, we find no error.[1] See High v. High , 389 S.C. 226, 249 , 697 S.E.2d 690, 702 (Ct. App. 2010) (providing the award of attorney's fees in a domestic action rests within the sound discretion of the family court and will not be reversed absent an abuse of discretion); Dickert v. Dickert , 387 S.C. 1 , 10–11, 691 S.E.2d 448, 453 (2010) (holding the family court did not abuse its discretion in awarding attorney's fees when it properly considered the E.D.M. and Glasscock fac

2011As to whether the family court erred by awarding Wife $4,504.62 in attorney's fees in connection to Wife's motion to compel, we find no error.[1] See High v. High , 389 S.C. 226, 249 , 697 S.E.2d 690, 702 (Ct. App. 2010) (providing the award of attorney's fees in a domestic action rests within the sound discretion of the family court and will not be reversed absent an abuse of discretion); Dickert v. Dickert , 387 S.C. 1 , 10–11, 691 S.E.2d 448, 453 (2010) (holding the family court did not abuse its discretion in awarding attorney's fees when it properly considered the E.D.M. and Glasscock fac

11
Plyler v. Burnsgreen
sc · 2007 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Wilder Corp. v. Wilkegreen
sc · 1998 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Doe v. Roegreen
scctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Upchurch v. Upchurchgreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2006–2006
11
McNair v. Rainsfordgreen
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 1999–1999
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Wooten v. Wooten green
sc · 2005
2 sentences

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

2026See Myers v. Myers, 391 S.C. 308, 315, 705 S.E.2d 86, 90 (Ct. App. 2011) ("[I]t is error to award [a spouse] permanent alimony substantially in excess of her needs."); McElveen v. McElveen, 332 S.C. 583, 600, 506 S.E.2d 1, 10 (Ct. App. 1998), disapproved of on other grounds by Wooten v. Wooten, 364 S.C. 532, 615 S.E.2d 98 (2005) (reducing the husband's monthly alimony obligation from $11,000 per month to $7,500 per month after finding the wife's living expenses, as stated in her financial declaration, were unnecessarily inflated); Woodward v. Woodward, 294 S.C. 210, 217, 363 S.E.2d 413, 417 (C

12026–2026
Lanier v. Lanier green
scctapp · 2005
2 sentences

2018To reopen a case based on newly discovered evidence, "a movant must establish that the newly discovered evidence: '(1) will probably change the result if a new trial is granted; (2) has been discovered since the trial; (3) could not have been discovered before the trial; (4) is material to the issue; and (5) is not merely cumulative or impeaching.' " Lanier v. Lanier , 364 S.C. 211 , 217, 612 S.E.2d 456 , 459 (Ct. App. 2005) (quoting James F. Flanagan, South Carolina Civil Procedure 484 (2d ed. 1996) ).

2018To reopen a case based on newly discovered evidence, "a movant must establish that the newly discovered evidence: '(1) will probably change the result if a new trial is granted; (2) has been discovered since the trial; (3) could not have been discovered before the trial; (4) is material to the issue; and (5) is not merely cumulative or impeaching.' " Lanier v. Lanier , 364 S.C. 211 , 217, 612 S.E.2d 456 , 459 (Ct. App. 2005) (quoting James F. Flanagan, South Carolina Civil Procedure 484 (2d ed. 1996) ).

12018–2018
Browning v. Browning green
scctapp · 2005
12006–2006
SSI Medical Services, Inc. v. Cox green
sc · 1990
11999–1999
Wilson v. Wilson green
sc · 1978
11981–1981

Statutes the citing opinions construe

SC § S.C. Code Ann. § 20-3-130 (5) SC § S.C. Code Ann. § 20-3-620 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 89 (1900–2025) MO 83 (1885–2025) FL 61 (1939–2026) AZ 44 (1928–2026) CA 43 (1885–2025) TN 43 (1999–2026) GA 42 (1881–2026) IN 41 (1882–2024) NY 30 (1882–2024) UT 26 (1984–2017) TX 24 (1898–2025) OH 23 (1923–2026) OK 21 (1922–2019) NM 20 (1973–2024) SC 17 (1981–2026) NC 17 (1942–2026) IL 16 (1874–2016) LA 16 (1904–1996) MD 13 (1889–2020) MA 11 (1812–2014) AL 11 (1887–2016) KY 10 (1902–2021) WV 8 (1887–2026) MS 8 (1922–2005) AR 7 (1899–2010) MI 7 (1893–2024) WY 7 (1991–2022) KS 6 (1913–1991) DE 6 (1979–2022) VA 6 (1996–2023) HI 4 (2009–2016) OR 3 (1987–1993) CO 3 (1970–2012) SD 3 (1996–2026) WA 3 (1912–2012) MN 3 (1897–1988) ID 3 (1971–2023) NJ 3 (1937–2016) MT 3 (1980–2021) VT 2 (1929–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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