Blog Posts

Plaintiffs, Third Parties, In Custody Cases, May Lack Standing to Bring Their Claims against Biological Parents

Third parties-those who are not a child’s biological, or “de facto” parent- can sue for custody in the District of Columbia under the Safe and Stable Homes for Children and Youth Act of 2007 (the “Act”). D.C. Code Ann. Secs. 16-831.01 to -831.13, 4-251.0 to .04, 23-2301 (2009). A parent may move to dismiss a

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What You Need to Know about Marital Property

Property acquired during marriage is called marital property. Depending on the state of residence, marital property is treated differently upon divorce. There are two categories which states fall into when it comes to the treatment of marital property; Community Property and Equitable Distribution. Equitable distribution laws are followed by the majority of states. The following

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Custody in the District of Columbia

A judge in the District of Columbia is required to base a determination of custody by considering the best interest of the child. The law assumes that in most cases it is best for a child to be raised by both parents. This idea is described as a presumption that joint custody is in the

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How to Establish Parentage in the District of Columbia

In the District of Columbia, when a child is born to unmarried parents or parents who are not in a domestic partnership, there is no automatic legal relationship between the father and the child. The biological father’s name will not be placed on the birth certificate without filling out an Acknowledgement of Paternity (AOP). This

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Alimony in the District of Columbia

The court will consider the following criteria to decide on alimony in a divorce in the District of Columbia: •Ability of the party seeking alimony to be self-supporting; •Time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment; •Standard of living that the parties

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Divorce in DC

At least one party must be a resident of the District of Columbia for a minimum of 6 months before filing for a divorce. A divorce may be granted if the parties have mutually lived separate and apart for 6 months, or have lived separate and apart without cohabitation for one year prior to filing

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Marital Property In the District of Columbia

Marital property includes debts and assets that were acquired during the marriage. Assets might include homes or other real estate, retirement plan benefits, and personal property (such as furniture, cars, or bank accounts). Debts might include student loans, credit card debts, and taxes. In D.C., it does not matter whose name is on the title,

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Restraining Orders in Maryland: The Domestic Violence Protective Order and the Peace Order

In Maryland a “restraining order” refers to a peace order or a protective order. A restraining order is a legal order issued by a state court which requires one person to stop harming another. In Maryland, there are several types of restraining orders. If you are dealing with a violent or dangerous spouse, you need

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Civil Protection Orders in the District of Columbia

If you have been abused by a family member, boyfriend, girlfriend, a new or former partner of your current boyfriend or girlfriend or by someone with whom you live or lived with, or someone has stalked you, you may be eligible for a Civil Protection Order or “CPO.” A CPO is designed to protect an

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