The premarital agreements if properly executed and carefully crafted and detailed, can essentially override the statutorily granted inheritance rights by the State. A significant and an advantageous legal strategy rarely used. Generally, a surviving spouse is entitled to what the spouse’s will or last testament directs and provides. However, under the DC Statute, the surviving spouse may elect to forego the will and select Statutory rights. That is, the surviving spouse may elect to renunciate the will by specifically stating and filing with probate that: I surviving spouse or surviving domestic partner of late of, deceased, renounce and quit all
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Archives for Washington DC Divorce Lawyer
VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS & DC CHILD SUPPORT OBLIGATIONS
Although the District provides statutory provisions as listed below for voluntary relinquishment of parental rights, in most cases, such does not subrogate child support obligations. There are generally two ways for parental rights to be terminated or relinquished, either by the application of the two listed provisions below, which together allow a natural parent to voluntary relinquish rights to the Child and Family Services (CFSA), or via a court order terminating parental rights. § 4–1451.05. Parental rights § 4–1406. Parental rights; termination or relinquishment; vesting in agencies or Mayor; exercise in adoption proceedings. Voluntary relinquishment generally applies to a newborn
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DC PRENUPTIAL AGREEMENTS: FAQ
1) I have no assets or property now to protect or to designate, do I still need a prenuptial agreement? Yes, because not only prenuptial agreements protect assets and property before marriage, certain language can be drafted to protect future assets as potentially non-marital. 2) What are the common items prenuptial agreements protect? Assets and property, inheritance, retirement accounts, trust benefits and distributions, business and partnership ownership to name a few. 3) How can one insure that the agreements drafted are enforceable? Premarital agreements are not enforceable if: Not voluntarily executed by both parties The agreement was unconscionable The unconscionability
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UNSEAL ADOPTION RECORDS: DC COURT OF APPEALS
The Court of Appeals in In re G.D.L., decided on January 2, 2020, addressed the legal criteria to have the adoption records unsealed. The appellant who was no longer a minor sought a court order release of his adoption records, original birth certificate, and biological parental information. The trial court in balancing all interests involved in deciding the motion for disclosure ordered to protect G.D.L.’s birth father’s information and directed the child-placement agency to give G.D.L. redacted copies of the original birth certificate and adoption records. The biological mother’s information was already known to the appellant and not subject of
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LEGAL CRITERIA FOR PENDENTE LITE ALIMONY
DC Code § 16–911, titled Pendente lite relief, allows for filing of a petition for support during the pendency of: A legal separation, Divorce; or The termination of a domestic partnership In such cases, the court may require one party after holding a hearing to make payment of: A pendente lite alimony, or Child support Health insurance coverage or Suit money, including counsel fees. The Court generally considers the same factors in awarding alimony to dispense Pendente lite alimony and support, that is: Ability of the party seeking alimony to be wholly or partly self-supporting; Time necessary for the party
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SAME SEX COMMON LAW MARRIAGE AND PERSONAL JURISDICTION
The DC Court of Appeals in Spellman v. Kelly, decided in July 2016, while addressing personal jurisdiction validated in essence validity of a common law marriage claim. Factually, Mr. Spellman and Mr. Kelly, who both lived in the District, met in 1988 and began dating. On or about 1998, the two decided to live together and to hold themselves out as partners. Kelly also owned a home in Delaware, where he and Spellman stayed on the weekends and over the holidays. After Kelly retired in 2006, he began spending more of his time at his Delaware home although continued consulting
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WAIVER OF RETIREMENT ACCOUNTS: ENFORCEMENT OF POST NUPTIAL AGREEMENT: DC DIVORCE
The Court of Appeals in Oshinaike v. Oshinaike, addressed spousal claim on a retirement account where there existed already a post martial agreement on that very subject. Specifically, on appeal Marcia Oshinaike sought review of the trial court’s ruling that her former husband (Solomon Oshinaike), did not expressly waive his rights with respect to her foreign service retirement benefits and thus was entitled to portions of that retirement benefit. Oshinaikes were married in 1989. After Ms. Oshinaike joined the State Department as a Foreign Service officer parties executed a post marital agreement expressly stating that: Mr. Oshinaike waives all rights
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COMMUNITY CARETAKING DOCTRINE: RECENT COURT OF APPEALS DECISION
The Court of Appeals in McGlenn v. U.S., decided on July 19, 2019, expanded and defined “community caretaking doctrine” in holding that an arrest and seizure of the defendant was justified. A 911 call reported assault in progress and upon arriving at the scene the Officers came in contact with the defendant outside a housing complex. Defendant appeared intoxicated and under the influence of illegal substances mainly PCP. It was determined quickly by the Officers that McGlenn had not assaulted anyone inside the complex and was only acting erratically. Defendant’s mother residing there had originated the 911 call. The trial
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CHILD CUSTODY ORDER CHANGE DURING CIVIL CONTEMPT HEARING: RECENT COURT OF APPEALS DECISION
The Court of Appeals in Cheek v. Edwards decided on September 5, 2019, reversed and remanded a change of custody order in the midst of a civil contempt hearing. After holding a custody hearing, the trial court had decided and ordered shared physical and legal custody among parents even after considering the allegation of domestic violence. But before issuance of a final order, the mother-Edwards filed a civil contempt motion alleging that the father had violated the order against not assault, stalking and harassment in being arrested for domestic violence and assault against her. The trial court while addressing the
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RECOVERING ATTORNEY FEES IN FAMILY CASES: RECENT COURT OF APPEALS DECISION
The Court of Appeals in Khawam v. Wolfe decided on August 22, 2019, delineated all legal theories available to recover attorney’s fees in a child custody and by extension in relating family matters. Here, Wolfe moved to recover attorney’s fees ($700K) against Khawam for a rather protracted and vexatious litigation and under three theories: Common law theory of “necessaries” which permits an award of attorney’s fees in a child-custody case if the court finds that engaging an attorney was necessary to protect the interests of the child; The “bad faith” exception which permits recovering fees against a party who has
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