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LegalHelper.NET, the owner of this site, is not affiliated and does not claim to be affiliate with either
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Before you start completing your uncontested divorce forms with us, please read all the requirements for District of Columbia divorce.
Make sure that your situation matches all the requirements.
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Requirements for District of Columbia Divorce
(District of Columbia Official Code 2001 Edition, Division II, Title 16, Chapter 9)
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RESIDENCY REQUIREMENTS:
In order to be eligible to file for divorce in the District of Columbia at least one of the parties to the marriage have to be a bona fide resident of the District of Columbia for at least six (6) months next preceding the commencement of the action. If a member of the armed forces of the United States resides in the District of Columbia for a continuous period of six months during his or her period of military service, he or she shall be deemed to reside in the District of Columbia for purposes of filing for divorce. (District of Columbia Official Code, § 16-902)
WHERE TO FILE :
Your Complaint for Divorce shall be filed in the Superior Court of the District of Columbia-Family Division.
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A decree bror judgment annulling or dissolving a marriage, or granting an absolute divorce, shall become effective to dissolve the bonds of matrimony 30 days after the docketing of the decree or judgment unless either party applies for a stay with the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
GROUNDS FOR DIVORCE:
- A divorce from the bonds of marriage may be granted if:
- both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months next preceding the commencement of the action;
- both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.
- A legal separation from bed and board may be granted if:
- both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or
- both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.
- For purposes of subsections (1) and (2) of paragraphs (a) and (b) of this section, parties who have pursued separate lives, sharing neither bed nor board, shall be deemed to have lived separate and apart from one another even though: they reside under the same roof; or the separation is pursuant to an order of a court.
- Marriage contracts may be annulled in the District of Columbia in the following cases:
- where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved;
- where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity);
- where such marriage was procured by fraud or coercion;
- where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or
- where either of the parties had not attained the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after attaining the age of legal consent), but in such cases only at the suit of the party who had not attained such age.
(District of Columbia Official Code, §16-904)
SEPARATION AGREEMENT:
Where a legal separation has been decreed the court may afterwards decree an absolute divorce between the parties for any cause arising since the first decree and sufficient to entitle the complaining party to the second decree. (District of ColumbiaOfficial Code, §16-906)
DISPOSITION OF PROPERTY; ASSIGNMENT OF DEBTS:
Upon entry of a final decree of legal separation, annulment, or divorce, or upon the termination of a domestic partnership pursuant to § 32-702(d) and the filing of a petition for relief available under this section, in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties, the court shall:
- Assign to each party his or her sole and separate property acquired prior to the marriage or domestic partnership, and his or her sole and separate property acquired during the marriage or domestic partnership by gift, bequest, devise, or descent, and any increase thereof, or property acquired in exchange therefore; and
- Value and distribute all other property and debt accumulated during the marriage or domestic partnership that has not been addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation, regardless of whether title is held individually or by the parties in a form of joint tenancy or tenancy by the entireties, in a manner that is equitable, just, and reasonable, after considering all relevant factors, including, but not limited to:
- the duration of the marriage or domestic partnership;
- the age, health, occupation, amount, and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties;
- provisions for the custody of minor children;
- whether the distribution is in lieu of or in addition to alimony;
- each party's obligation from a prior marriage, a prior domestic partnership, or for other children;
- the opportunity of each party for future acquisition of assets and income;
- each party's contribution as a homemaker or otherwise to the family unit;
- each party's contribution to the education of the other party which enhanced the other party's earning ability;
- each party's increase or decrease in income as a result of the marriage, the domestic partnership, or duties of homemaking and child care;
- each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation in value of the assets which are subject to distribution, the taxability of these assets, and whether the asset was acquired or the debt incurred after separation;
- the effects of taxation on the value of the assets subject to distribution; and
- the circumstances which contributed to the estrangement of the parties.
- The Court is not required to value a pension or annuity if it enters an order distributing future periodic payments. (District of ColumbiaOfficial Code, §16-910).
SPOUSAL SUPPORT / ALIMONY:
Upon granting a divorce or legal separation, the Court in District of Columbiamay require either party to pay alimony to the other party if it seems just and proper. The award of alimony may be indefinite or term-limited and structured as appropriate to the facts. The Court shall determine the amount and the time period for the award of alimony.
In making an award of alimony, the Court shall consider all the relevant factors necessary for a fair and equitable award, including, but not limited to, the:
- ability of the party seeking alimony to be wholly or partly 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 established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to maintain;
- duration of the marriage or domestic partnership;
- circumstances which contributed to the estrangement of the parties;
- age of each party;
- physical and mental condition of each party;
- ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party; and
- financial needs and financial resources of each party.
(District of ColumbiaOfficial Code, §16-913)
CHILD CUSTODY / CHILD SUPPORT:
The best interest of the child shall be the primary consideration for the court in deciding child custody issues.
The District of ColumbiaLaw defines Legal custody as legal responsibility for a child. The term "legal custody" includes the right to make decisions regarding that child's health, education, and general welfare, the right to access the child's educational, medical, psychological, dental, or other records, and the right to speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.
"Physical custody" means a child's living arrangements. The term "physical custody" includes a child's residency or visitation schedule.
NAME RESTORATION:
Either spouse may request her/his birth name to be restored after divorce is granted.
* Related Uncontested Divorce Facts
* Related Uncontested Divorce News
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