The Court of Appeals in MACKLIN v. JOHNSON, remarkably addressed whether significant homemaker services by one spouse can be considered as a legal contribution in the equitable distribution of property calculation. In short, the Court concluded that substantial homemaker services are a permissible basis for granting a spouse an equitable interest in the other’s separately-held real property. Factually, husband purchased his home approximately two years before marriage and kept the title under his own name and after a ten year marriage.  Parties had four children during the marriage and wife’s contribution during that period was essentially homemaker services, maintaining the
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The DC Court of Appeals in Mazza v. Hollis, analyzed and addressed implications of a divorce settlement agreement with a child support clause merged but not incorporated into the final decree of divorce. Factually, Mazza and Hollis were divorced in Georgia via a settlement agreement.  Thereafter, Hollis moved to Washington, D.C. with the child and registered the divorce decree in the Superior Court of the District of Columbia. Mazza later filed a Motion to Modify Custody and Child Support seeking a reduction in the amount of his monthly support obligation because of a substantial and material change in circumstances. The
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How are the divorce hearings handled post pandemic? Generally if the case is filed uncontested, then the matter is docketed with a Magistrate Judge (MJ) and an initial hearing is set within 4-6 weeks.  If  contested filing, then the matter is docketed with a DRB Judge who will schedule hearings either via video or audio participation or in person depending on the complexity of the cases and parties’ preference. How long after separation a divorce action can be filed? Within six months if the separation is mutual and voluntary or one year if NOT mutual or voluntary.   Action may be
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The Court of Appeals in Gore v. Gore, imposed a constructive trust in order to protect the equitable property distribution of the spouse with no title to the marital property. At the time the Gores had purchased the marital home, the wife’s unfavorable financial condition precluding her from qualifying as a borrower, the husband’s mother subsequently cosigned the loan and became a half title holder. The husband later filed for divorce, seeking, inter alia, permanent possession of the marital home and equitable distribution of marital property, including any part of the marital home which the court determined to be marital property. The
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The DC Court of Appeals in Bernard v. Bernard, particularly addressed whether an existing tax liability is a factor for the Court to weigh and consider in dispensing marital property in a divorce action. Generally, in order to distribute marital property in the manner that is equitable, just and reasonable, the trial judge must consider all relevant factors including, but not limited to those enumerated in section 16-910, but also the court must conduct conscientious weighing of all relevant factors, statutory or otherwise, before reaching a conclusion about the proper distribution of property. Here, Mr. Bernard argued that the trial
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The Court of Appeals in W.D. v. C.S.M, determined whether the trial court had the authority to grant permanent custody of a minor child, who was under the court’s jurisdiction in a neglect case, to third parties in a separate proceeding filed under the domestic relations laws. Factually, the child was removed from the mother’s care under a neglect petition filed, and before the biological father was given an opportunity toward placement with his child, third party custody was filed and court in the domestic relations case awarded custody to the third party. The issue on appeal was whether the
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The Court of Appeals in K.A.T. v. C.A.B, addressed child support obligations for stepparents and the legal parameters thereof. K.A.T., contested an order for child support arguing that the trial judge erred in holding him equitably estopped from denying that he was the father of the child, and thus obligated to pay child support. Factually, the mother began dating K.A.T. who was not the biological father shortly before the child’s birth and the child called K.A.T. “daddy,” and K.A.T. referred to her as his daughter when in the company of others.  Moreover, the putative father regularly went on outings with
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The Court of Appeals in Carome v. Carome, decided on October 21, 2021, expanded on previous rulings pertaining to legal standard for grant of Civil Protection Order. After altercation among parties which involved allegation of pushing and destruction of property on both sides, the trial court declined to grant Ms. Carome a civil protection order essentially citing lack of compelling or sufficient evidence.   Significantly, the trial court had focused his ruling on events that had occurred during an incident giving rise to the filing of the CPO. On appeal, Ms. Carome argued that the trial court had erred by failing
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The Court of Appeals in Burwell v. Burwell, reiterated and expounded that in division of marital property during divorce, equal may not — and generally is not an equitable distribution. Parties had owed a marital home for over 20 years and during the divorce proceedings the trial court had ordered the sale of the marital home, and an equal division of the net proceeds. Wife argued at trial that she should be entitled to 100% of proceeds, as husband had received a long incarceration sentence, had not made any contributions toward the upkeep of the house, had ever more limited
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