Monthly Archives January 2021

INCONVENIENT DIVORCE: FORUM NON CONVENIENS

The DC Court of Appeals in Davis v. Davis, explained and expounded on the doctrine of forum non conveniens in conjunction with a divorce action. Appellant Mr. Davis, filed for divorce in the District after meeting only the six months residency requirement all while his wife, child as well as all of their joint properties were located in Mississippi. Davis sought only a divorce decree without adjudication of property or distribution and argued that the DC divorce statute allows for issuance of a final decree without any disposition of marital property. Ms. Davis opposed the DC divorce petition arguing: She
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DEPRESSION & AWARD OF ALIMONY

The DC Court of Appeals in Lake v. Lake, focused on two specific elements in award of alimony dispute: The metal health influence over earning capacity, and The expected future investment income. Generally, the trial court has sole discretion in awarding alimony and as such balances, inter alia, the following elements among parties in awarding alimony to one side or the other: The duration of the marriage, The ages and health of the parties, Their respective financial positions, both past and prospective, Property ownership, The needs of the requesting spouse and the other spouse’s ability to contribute thereto, and The
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CIVIL PROTECTION ORDERS & MARTIAL PROPERTY

The Court of Appeals in Araya v. Keleta, expanded the meaning of the marital property in the context of Civil Protection Orders and related filings. In the case, wife-Keleta had filed a petition against husband-Araya alleging physical abuse and requesting a stay away order from the husband and from the marital home, which the trial court granted. On Appeal, Araya argued that as the home in question was not in fact a martial property, the judicial officer was precluded from ordering him to stay away from such dwelling.  In short, the judicial officer had no authority to preclude him from
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