Washington, D.C., Divorce Basics and Process

If you’re considering ending your marriage, you’re likely scared about the divorce process. It doesn’t 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.

Here, we’ll discuss the divorce process in Washington, D.C. We will include information on the grounds for divorce, division of property, and child custody. We’ll also explain how the courts decide alimony and child support issues.

If you still have questions, consider seeking legal advice before filing your divorce papers. You can contact an experienced Washington, D.C., divorce lawyer to discuss your case further.

Legal Requirements for Divorce in Washington, D.C.

You must meet the jurisdiction’s residency requirements to file for a D.C. divorce. According to the superior courts in the District of Columbia, you must live in D.C. for at least six months before filing your complaint for absolute divorce.

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’s docket.

Grounds for Divorce in the District of Columbia

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.

Unlike states that maintain fault-based 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.

D.C. is one of the jurisdictions that also recognizes legal separation. 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."

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. This makes it easier to draft a marital settlement agreement at a later date for use in a final court order.

Ending a marriage by annulment 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.

Divorce Case Procedure

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. 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.

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.

Parties going forward with an uncontested divorce 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.

In any case, a contested or uncontested divorce hearing will not happen until service of process has happened or been properly waived.

Types of Divorce in the District of Columbia

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.

There are two types of divorce cases in D.C. — uncontested and contested.

With an uncontested divorce, 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.

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.

The D.C. divorce laws require that you resolve the following issues to proceed with an uncontested divorce:

• Division of marital property, including real estate, financial accounts, and retirement accounts
• Division of marital debts
• Child custody
• Child support
• Visitation (parenting time) schedule for minor children
• Health insurance issues
• Alimony/spousal support

Courts will often encourage parties that have filed a contested divorce work with counsel or a mediation program with a goal of reaching a settlement. Generally, spouses who resolve their differences by agreement will be more satisfied with the outcome and more likely to follow the agreement's terms.

If you cannot agree on all terms, then your case will go forward as a contested divorce. In such cases, the knowledge and experience of your divorce attorney can be a key factor in the final outcome.

In a contested divorce case, the final hearing is a trial where both sides present evidence (witnesses and exhibits) and argue for the outcome they see as fair. In cases with minor children, they argue for the best interests of the children. The family court judge will decide these matters and then issue a final divorce order.

Property Distribution

District of Columbia law recognizes equitable distribution of the parties' assets and debts. On property division, each spouse keeps their separate property. This is the property they bought before marriage. It may also include gifts and inheritance you got during the marriage.

If you and your spouse disagree on the division of marital property, the court will hold a contested trial and then distribute it how it sees fit. The monetary value of the assets the parties get in the divorce may not be equal.

To ensure equitable distribution, the court will consider several factors, including:

• The duration of the marriage
• Each spouse's age and health
• Each spouse's income, vocational skills, and employability
• Each spouse's financial resources
• The contribution of each spouse during the marriage
• One spouse's contribution to the marriage as a homemaker
• Any custodial provisions involving the children
• The circumstances that contributed to the estrangement of the parties, including any history of physical, emotional, or financial abuse by one spouse against another

In most divorce cases, the attorneys negotiate the division of property. They draft a marital settlement agreement that outlines the property each party gets after the divorce becomes final.

Spousal Support

In Washington, D.C., spousal support is alimony. The court uses several factors to determine whether a spouse will get alimony.

Factors considered by the court include:

• The length of marriage
• Misconduct during the marriage
• The ability of the spouse requesting support to be self-supporting
• The time necessary for the spouse to get training and education to get employment
• The couple's standard of living before divorce
• Each spouse's age
• Each spouse's financial needs and resources
• Each spouse's physical and mental health

Ideally, you and your spouse will negotiate alimony through your divorce attorneys. If that isn’t possible, the judge will determine whether you’ll get alimony and how much you’ll get.

Child Custody

In determining child custody, the judge bases their decision on the child's best interests. In the District of Columbia and most states, the courts presume that children will benefit from frequent and continuing contact with both parents. So, the court may respond positively to requests for joint custody absent evidence of abuse or the inability of spouses to cooperate and co-parent.

Since every family is different, the court may consider several factors related to the child's best interests in deciding a final custody arrangement. Some of these factors include:

• The wishes of the child, where practicable
• The wishes of the parents
• The child's relationship with parents and siblings
• The relationship between the parents and their ability to effectively communicate and agree on decisions
• The involvement of each parent in the child's life before the separation
• The distance between the parents' homes
• Any history of domestic violence

The court generally considers the child's wishes when the child is of a certain age and maturity. Young children may not be able to provide an appropriate statement to a court on custody or visitation matters.

Child Support

Washington, D.C., courts use child support guidelines to determine how much support the non-custodial parent will pay. The child support formula considers both parents' incomes and the number of minor children the parties have together.

The D.C. Code provides detailed guidance in its statutes on the process for determining child support. To estimate the amount of child support in your divorce case, use the Office of the Attorney General's child support guideline calculator.

Even in cases where there is a presumption that the parents will engage in joint custody, child support may still be appropriate. In cases where the parents' incomes vary greatly, a court may find the parent with the greater income should pay child support to the parent with lesser income for the benefit of the children.

Related Resources: D.C. Divorce

• Divorce Laws in D.C. — Code of the District of Columbia
• District of Columbia law
• D.C. Legal Help — Legal information on divorce
• Divorce Information By State
• FindLaw's Divorce Section

A Divorce Attorney Can Help

Going through a divorce is an emotional experience. One way to reduce stress and better manage divorce hearings is to become familiar with the divorce process in your jurisdiction.

If you have legal questions about your marriage, consider speaking with a family law attorney. In some circumstances, an initial consultation may be at no cost or a reduced rate. In any case, an experienced divorce lawyer can help you decide whether and when to file for divorce and can explain the laws behind the court process.