Monthly Archives July 2021

PARTNERSHIP GOODWILL DEEMED MARITAL PROPERTY: DC DIVORCE

The Court of Appeals in McDIARMID v. McDIARMID, for the first time in the District addressed whether goodwill of a law firm partnership interest is an asset subject to distribution upon dissolution of marriage. The trial court had established some value associated with the goodwill partnership and had ruled in favor of awarding a specific sum to the wife during the distribution of assets phase of the divorce trial. Appellant husband had argued primarily that: Professional goodwill is not a tangible asset, and thus not a marital property subject to distribution. In the alternative, if professional goodwill is marital property,
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DC CHILD CUSTODY CONTINUING JURISDICTION

The Court of Appeals in Hipps v. Cabrera, specifically addressed continuing jurisdiction in the child custody litigation and its limitations. The Child Custody Order in dispute, and litigation had bestowed physical custody with the father, limited visitation schedule for the mother, and the father had retained the tie break or final decision-making authority.  Within one year of the order being issued, the father had moved the children to NY and mother’s visitation rights were gradually curtailed.  By the time the mother had court involved the matter to restore regular visits, the children had been away from the District for significant
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DIVORCE & AWARD OF LEGAL FEES

The Court of Appeals in Tydings v. Tydings, despite a large martial settlement, awarded additional attorney fees, which was the subject of this appeal. After extensive litigation requiring expert witnesses and financial forensics, Ms. Tydings was awarded a significant portion of marital assets.  She sought to recover over 250k in attorney fees which the trial court granted. The primary issue on appeal was whether the trial court had discretion to require husband to pay any portion of his spouse’s attorney and witness fees given the fact that wife had already become a very wealthy woman as a result of the
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