The Court of Appeal in Zoob v. Jordan, analyzed the legal elements of a gift in disposing martial properties and post-divorce. Parties were married abroad and separated via agreement and disposed all marital properties before moving to the District.  In DC, Jordan purchased two properties evidence suggesting he intended to include Zoob as joint owner.  Parties separated again, and the property ownership because the subject of litigation. The trial court determined that Jordan had the manifest and requisite intent to make the joint title transfers, but concluded that as ultimately Zoob’s name did not appear on either apartment’s title —
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The Court of Appeals in Spires v. Spires, held invalid portions of a Marital Separation Agreement that preemptively outlined and addressed the child custody of the children. The parties in order to amicably resolve martial issues had jointly drafted and signed a document described as a marital agreement, in which Mr. Spires promised to remain married to Mrs. Spires as long as she complied with thirteen Articles of Continuance as well as in the event of a divorce, seven Articles of Dissolution which essentially conferred on Mr. Spires sole custody of the children with absolute power to determine Mrs. Spires’
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The DC Court of Appeals in Mashaud v. Boone decided on August 12, 2021, addressed and analyzed the First Amendment defense against the DC Stalking Statute. Factually, the trial court had entered a civil protection order (CPO) against appellant Mashaud based on evidence at trial establishing that the appellant had stalked Boone by sending emails, and Facebook messages to Boone’s coworkers, family, and friends revealing that Boone had engaged in an extramarital affair with his wife. Mashuad on appeal essentially argued that his conduct and technically the speech was protected by the First Amendment. The DC Stalking Statute in relevant
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The Court of Appeals in Leftwich v. Leftwich, considered and incorporated parties’ tax liabilities in distribution of marital assets and during the divorce proceedings. Specifically, the trial court had issued a conditional order in the distribution of martial assets phase in effect conditioning receipt of certain martial property to the wife only after she had signed two years of tax returns jointly with her husband in order to reap the tax benefits of joint filing.  Essentially requiring wife to file joint amended tax returns for two previous years. The Court of Appeals ruled that the order although conditional to be
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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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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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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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The Court of Appeals in Powell v. Powell, focused on distribution of stocks acquired during marriage but after separation. The trial court had distributed stock options and share equally until the separation, and after separation, the vested stocks were allocated and distributed to the appellee giving rise to this appeal. The appellant essentially argued that the trial court should have also equally transferred to him the stocks that were vested after separation but before the final decree of divorce. As a rule, upon entry of a final divorce decree, the court shall: Assign to each party his or her sole
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The Court of Appeals in Wilson v. Craig, highlighted that child custody and support can be modifying after the final decree of divorce and execution of a separation agreement essentially nullifying the agreement. Parties had reached a comprehensive separation agreement, which was incorporated by reference but not merged into the final divorce decree addressing property distribution, child custody, and child support.  The child custody provision of the agreement called for joint legal and physical custody of the children. Ms. Craig subsequently filed for modification of child custody agreement requesting sole physical and legal custody of the children.  The trial court
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