There are still a great deal of hesitation and trepidation among couples to either address or to commit to completing a prenuptial agreement prior to marriage. It is imperative to deconstruct and define marriage as a legal but also a significant financial contract where parties agree to essentially commingle funds and assets during the marriage. All assets after marriage are presumed to be marital property unless exclusively and concisely excluded via an enforceable prenuptial agreement. It matters not if there was a verbal agreement as to who owns what or what belong to who. The only enforceable mechanism to protect
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Monthly Archives May 2021
INTRAFAMILY OFFENSES | RAISING THE LEGAL BAR | DIVORCE & CHILD CUSTODY
The Court of Appeals in Wilkins v. Ferguson reversed the trial court’s order granting the biological father unsupervised visits and further expounded on modification of visitation orders when there is evidence of intrafamily offenses. After filing for absolute divorce, and seeking custody award from the court, the trial court granted joint legal custody with primary physical custody with the mother, Ms. Wilkins. The trial court also found compelling evidence that husband had committed, and wife had suffered substantial physical, verbal and psychological abuse with the pattern of abuse existed throughout the marriage. The father-child visitation was later suspended due to
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4TH AMENDEMENT VIOLATION
The DC Court of Appeals in Golden v. U.S., decided on April 15, 2021, reversed a CPWL (Carrying a Pistol without a License) conviction due to illegal stop, frisk and arrest. On appeal, Golden argued that police had recovered the weapon from him by conducting an unreasonable stop and frisk in violation of his Fourth Amendment rights, and in that: Unconstitutionally seized Golden by confronting him on the street, subjecting him to accusatory questioning, and asking him to expose his waistband for visual inspection, all without a reasonable basis to suspect him of criminal activity; Unconstitutionally searched Golden by then
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