{"id":372358,"date":"2017-06-12T17:56:15","date_gmt":"2017-06-12T22:56:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/your-washington-dc-divorce-the-basics.html"},"modified":"2024-08-19T15:04:30","modified_gmt":"2024-08-19T20:04:30","slug":"your-washington-dc-divorce-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/your-washington-dc-divorce-the-basics.html","title":{"rendered":"Washington, D.C., Divorce Basics and Process"},"content":{"rendered":"\n
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Washington, D.C., Divorce Basics and Process<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you\u2019re considering ending your marriage, you\u2019re likely scared about the divorce process<\/a>. It doesn\u2019t matter where you live, navigating the family courts can be complex. Things will run more smoothly if you become familiar with the requirements and expectations for your divorce case.<\/p>\r\n

Here, we\u2019ll discuss the divorce process in Washington, D.C. We will include information on the grounds for divorce, division of property, and child custody. We\u2019ll also explain how the courts decide alimony and child support issues.<\/p>\r\n

If you still have questions, consider seeking legal advice before filing your divorce papers. You can contact an experienced Washington, D.C., divorce lawyer<\/a> to discuss your case further.<\/p>\r\n

Legal Requirements for Divorce in Washington, D.C.<\/h2>\r\n

You must meet the jurisdiction\u2019s residency requirements<\/a> to file for a D.C. divorce. According to the superior courts<\/a> in the District of Columbia, you must live in D.C. for at least six months before filing your complaint for absolute divorce.<\/p>\r\n

You can file for divorce if one spouse meets this requirement. Once the court clerk confirms you meet the residency rule, they will enter your case in the family court\u2019s docket.<\/p>\r\n

Grounds for Divorce in the District of Columbia<\/b><\/h2>\r\n

In Washington, D.C., married parties seeking to end the legal relationship associated with their marriage can file a complaint for divorce, legal separation, or annulment.<\/p>\r\n

Unlike states that maintain fault-based<\/a> grounds for divorce, D.C. courts only allow no-fault divorce actions. The D.C. Code states that a judge can grant a divorce "upon the assertion by one or both parties that they no longer wish to remain married." Neither party must prove wrongdoing or reasons for the divorce.<\/p>\r\n

D.C. is one of the jurisdictions that also recognizes legal separation<\/a>. Under D.C. law, a court can grant a legal separation "upon at least one party’s assertion that they intend to pursue a separate life without obtaining a divorce."<\/p>\r\n

In a divorce or legal separation case, the parties can cooperate and agree on terms related to the division of assets and debts, child custody, and support. Where parties settle these terms on their own (or with the help of a mediator or legal counsel) they will enter into a separation agreement<\/a>. This makes it easier to draft a marital settlement agreement<\/a> at a later date for use in a final court order.<\/p>\r\n

Ending a marriage by annulment<\/a> is less common. It requires evidence of specific facts that allow the court to find the marriage was either invalid or voidable. This action may be used in cases where a person induced another into marriage through fraud or coercion or in cases where one party failed to disclose that they were already married to someone else.<\/p>\r\n

Divorce Case Procedure<\/h2>\r\n

In some states, divorcing spouses must complete a separation period with no cohabitation before either can file a complaint for divorce. The D.C. Council recently eliminated this rule<\/a>. Spouses can now file for divorce at any time, whether they live together or not. Often, spouses agree to a voluntary separation before court action.<\/p>\r\n

In a contested divorce case, the person who files the complaint for divorce must serve the other party with their complaint under the Civil Rules before any divorce hearing can go forward. The other party has a designated time to answer the complaint. The spouses then engage in discovery, the process where they disclose information on all assets and debts of the marriage. The court can extend court deadlines on a showing of good cause.<\/p>\r\n

Parties going forward with an uncontested divorce<\/a> may be able to file a waiver of certain procedures and timelines to move the case up on the docket. For example, the plaintiff spouse who filed the case may also provide the clerk with a consent answer from the defendant spouse.<\/p>\r\n

In any case, a contested or uncontested divorce hearing will not happen until service of process has happened or been properly waived.<\/p>\r\n

Types of Divorce in the District of Columbia<\/h2>\r\n

Before divorce proceedings begin, you must make a few decisions. One of the first things you must do is decide the type of divorce you wish to file. This will depend on the level of cooperation between you and your spouse.<\/p>\r\n

There are two types of divorce cases in D.C. \u2014 uncontested and contested.<\/p>\r\n

With an uncontested divorce<\/a>, the parties agree to the divorce terms. This means you and your spouse talked through all the issues and reached a written agreement. You then ask the court to approve your agreement and make it part of a final divorce decree.<\/p>\r\n

If you have reached an agreement before filing anything in court, this may allow your case to proceed on a faster track with a court hearing date in weeks instead of months. If you reach agreement after originally filing a contested divorce action, the court may hurry your divorce hearing by moving it up on the schedule.<\/p>\r\n

The D.C. divorce laws require that you resolve the following issues to proceed with an uncontested divorce:<\/p>\r\n