The record reflects both parties used marijuana early in the marriage. Husband testified he had not used any illegal substance since He undergoes random drug screening at work and has not failed any tests. Wife continued using marijuana until at least Furthermore, while there is evidence of Wife's active presence in the children's lives, there is also evidence of Husband's presence, such as church attendance and occasional hunting and fishing trips.
Also, Wife admitted Husband is a good father. The family court found Wife's drug use and her behavior just prior to the breakup of the marriage, including her self-abuse, reflected on her stability and ability to care for the children. Furthermore, the court found Wife exhibited hostility and anger throughout the separation and even during trial. We find no abuse of discretion by the family court in awarding custody to Husband.
Wife argues the family court erred in failing to grant her a divorce on the ground of adultery. Each party alleged adultery as a ground for divorce. Wife relied on the testimony of a former neighbor, David King. King testified he and his wife argued one evening about her possible relationship with Husband. King left the house and came home later that night. He found his wife, wearing only a robe, "grappling" on the couch with Husband.
The incident allegedly occurred in or Husband denied he had sexual relations with Mrs. The family court found Wife did not prove adultery.
Clerk of Court | Edgefield County
Odom, S. Circumstantial evidence showing opportunity and inclination to commit adultery is sufficient to establish adultery.
Panhorst v. Panhorst, S. If evidence of adultery is inconclusive, a divorce on the ground of adultery should be denied. McLaurin v. McLaurin, S.
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We defer to the family court judge, who was in the best position to evaluate the credibility of the witnesses regarding an event that occurred several years prior to the parties' separation. See Woodall v. Woodall, S. Accordingly, we find no error. Wife argues the family court erred in awarding attorney's fees amounting to all of the equity she was entitled to in the equitable distribution award and failing to consider the Glasscock factors. See Glasscock v. Glasscock, S. The award of attorney's fees is at the sound discretion of the family court.
In determining whether to award attorney's fees, the family court should consider each party's ability to pay his or her own fees, the beneficial results obtained, the parties' respective financial conditions, and the effect of the fee on each party's standard of living.
In determining a reasonable amount of attorney's fees to award, the court should consider the nature, extent, and difficulty of the services rendered, the time necessarily devoted to the case, counsel's professional standing, the contingency of compensation, the beneficial results obtained, and the customary legal fees for similar services.
The family court is required to make an independent evaluation of each of the Glasscock factors. Widdicombe v. Tucker-Cales, S. The family court found Husband to be the prevailing party and stated in its order that it considered the Glasscock factors in determining the amount of attorney's fees to award. Based on our review of the record, we find no abuse of discretion. Accordingly, the order resolved all remaining issues, but the parties remained married. Enter your email. Mattox v. Mattox Annotate this Case. Julie Almond Mattox, Appellant.
Timothy S. Mirshak and Joan E.
Smith, both of Augusta, Georgia, for Respondent. Adultery Wife argues the family court erred in failing to grant her a divorce on the ground of adultery. Cherokee County Family Court, E.
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