Archives for Washington DC Divorce Lawyer

WAIVER OF RETIREMENT ACCOUNTS: ENFORCEMENT OF POST NUPTIAL AGREEMENT: DC DIVORCE

The Court of Appeals in Oshinaike v. Oshinaike, addressed spousal claim on a retirement account where there existed already a post martial agreement on that very subject. Specifically, on appeal Marcia Oshinaike sought review of the trial court’s ruling that her former husband (Solomon Oshinaike), did not expressly waive his rights with respect to her foreign service retirement benefits and thus was entitled to portions of that retirement benefit. Oshinaikes were married in 1989. After Ms. Oshinaike joined the State Department as a Foreign Service officer parties executed a post marital agreement expressly stating that: Mr. Oshinaike waives all rights
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COMMUNITY CARETAKING DOCTRINE: RECENT COURT OF APPEALS DECISION

The Court of Appeals in McGlenn v. U.S., decided on July 19, 2019, expanded and defined “community caretaking doctrine” in holding that an arrest and seizure of the defendant was justified. A 911 call reported assault in progress and upon arriving at the scene the Officers came in contact with the defendant outside a housing complex.  Defendant appeared intoxicated and under the influence of illegal substances mainly PCP. It was determined quickly by the Officers that McGlenn had not assaulted anyone inside the complex and was only acting erratically.  Defendant’s mother residing there had originated the 911 call. The trial
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CHILD CUSTODY ORDER CHANGE DURING CIVIL CONTEMPT HEARING: RECENT COURT OF APPEALS DECISION

The Court of Appeals in Cheek v. Edwards decided on September 5, 2019, reversed and remanded a change of custody order in the midst of a civil contempt hearing. After holding a custody hearing, the trial court had decided and ordered shared physical and legal custody among parents even after considering the allegation of domestic violence.  But before issuance of a final order, the mother-Edwards filed a civil contempt motion alleging that the father had violated the order against not assault, stalking and harassment in being arrested for domestic violence and assault against her. The trial court while addressing the
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RECOVERING ATTORNEY FEES IN FAMILY CASES: RECENT COURT OF APPEALS DECISION

The Court of Appeals in Khawam v. Wolfe decided on August 22, 2019, delineated all legal theories available to recover attorney’s fees in a child custody and by extension in relating family matters. Here, Wolfe moved to recover attorney’s fees ($700K) against Khawam for a rather protracted and vexatious litigation and under three theories: Common law theory of “necessaries” which permits an award of attorney’s fees in a child-custody case if the court finds that engaging an attorney was necessary to protect the interests of the child; The “bad faith” exception which permits recovering fees against a party who has
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LEGAL ELEMENTS FOR CHILD’S NAME CHANGE PETITION AFTER DC DIVORCE

The Court of Appeals in Melbourne v. Taylor[1], analyzed and opined on the legal standard for a parent to change the child’s name after separation and divorce. The general legal standard for a name change petition by either parents after separation or divorce is the best interests of the child criteria as listed in defined in the legal custody statute § 16-831: The child’s need for continuity of care and caretakers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; The
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APPELLATE PROCESS IN THE FAMILY CASES

In most family cases, the litigation does not and should not end by the Associate Judge or the Magistrate Judge’s final ruling. As these cases are not jury demandable, often times the assigned Judge may issue multiple rulings, including final decree of divorce, division of property, alimony and child support as well as the physical and legal custody of the children.  Significant and life altering decisions and all by a single Judge who may be subjectively objective. And although most family judges are experienced, fair and equitable in dispensing decisions well supported in fact and law – there are cases
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COMMON LAW MARRIAGE: LEGAL ELEMENTS: SAME SEX COUPLES: DC DIVORCE LAWYER

The Court of Appeals in Gill v. Nostrand, decided on April 25, 2019, defined and analyzed the legal elements for common law marriage pertaining to same sex couples. Here Gill moved for legal separation against Nostrand requesting alimony and division of property shortly after Nostrand legally married another partner. The trial court in short determined that the relationship did not meet the requisite requirements of common law marriage, the Court of Appeals with further detailed analysis affirmed. In its ruling, the Court held that a party in a same-sex relationship must be given the opportunity to prove a common law
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CONSTITUTIONAL CLAIMS ARISING OUT OF REMOVAL OF CHILDREN DUE TO NEGLECT

The DC Court of Appeals in J.C v. D.C., reversed and remanded some of the constitutional claims raised by the biological parents after the removal of their eight months old twins due to the allegations of abuse and neglect. Factually, the parents had taken one of the babies to the Children’s hospital due to excessive vomiting, retching, and general irritability.  At the hospital, the treating physician had diagnosed the child as suffering from “shaken baby syndrome” and the contacted Child Protection Services (“CPS”).  CPS thus removed also the twin baby from the home in the middle of the night and
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ANNULMENT IN THE DISTRICT OF COLUMBIA: LEGAL ELEMENTS

In the District of Columbia, annulment of marriage has a limited scope. Specifically, marriage can only be annulled under the following circumstances: (1) where such marriage was contracted while either of the parties was previously married a former spouse living, unless the former marriage had been lawfully dissolved prior to the marriage. (2) where such marriage was contracted during the insanity of either party. If there is however voluntary cohabitation after the discovery of the insanity by either party – such may be ground for estoppel negating request for annulment. (3) where such marriage was procured by fraud or coercion:
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STOCK OPTIONS ORDINARY INCOME IN DC DIVORCE? DC RECENT COURT OF APPEALS DECISION

The Court of Appeals in Crater v. Oliver decided on February 14, 2019, considered whether stock options would be an ordinary income for the purposes of dispensing alimony payments. Generally the court considered the following factors in the award of alimony: Ability of the party seeking alimony to be wholly or partly self-supporting; Time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment; Standard of living that the parties established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to
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