DC Divorce Law
Even though Washington, D.C. is not technically a “state,” there are laws in place for people to file for divorce just like in any other state. The petitioner of the divorce is known as the plaintiff, while the spouse who did not file the divorce papers is called the defendant. The court with jurisdiction over divorces in Washington, D.C. is the Superior Court of the District of Columbia – Family Division. The process will begin with the Complaint for Divorce document and end with a Final Decree of Divorce. During the proceedings, there could be a number of additional documents filed such as affidavits relating to finances, children, or witness statements.
In order to file for divorce in Washington, D.C., at least one of the parties must be a resident for at least six months. For active military members, they must have been stationed in D.C. for at least six months.
Grounds for Divorce
DC divorce law will grant a divorce only if both parties have been voluntarily separated for at least six months and have been living separate and apart for at least one year. Living separate and apart is defined by residing in different residences or, if both parties are still in the same home, they must not have shared a bed or food. Some couples do not have the financial means to support two households during a separation but adjust their living routine and no longer live as man and wife. If couples do not meet this requirement, they must enter a waiting period before they can file for divorce. The court encourages couples to exhaust every means to save their marriage (such as counseling) to avoid terminating a marriage that could have been salvaged.
DC Divorce Law and Property
Washington, D.C. adheres to the “equitable distribution” of property law. This means that property, assets, and debts are divided fairly between the two parties but not necessarily split in half. The parties are encouraged to divide the property themselves, but if they cannot come to an agreement, the court will step in and hand down a property settlement. Separate property, which is property acquired before the marriage, can remain with the original owner. The court will take many facts into consideration before dividing marital property, including:
The contributions of each partner to the marriage, including household contributions if one spouse did not contribute financially
The occupations, income, earning potential, vocational skills, and employability of each spouse
Custody arrangements as they pertain to property (i.e. the family home)
Any alimony awards
Alimony
There are no set standards for spousal support in Washington, D.C. The financial obligations from one spouse to another are examined in each individual divorce case, and the court will award alimony on a case by case basis.
DC Divorce Law and Child Custody
The main goal of the court is to minimize any emotional distress for minor children caught up in a divorce. If parents cannot create a custody plan, the court will make the decisions. Both parents are given consideration regarding custody, regardless of sex. Things that the court takes into consideration include:
The wishes and needs of the child and the parents
The physical and mental health of all parties
The child’s adjustment to their home, school, and community, and whether a move would adversely affect them
The demands of the parents’ employment
The sincerity of each parent and their past involvement in the lives of the children
The relationships of the child with siblings and other family members
The geographic location of both parents
Any evidence of abuse or neglect
In addition to primary custody, visitation rights are established for the noncustodial parent.
DC Divorce Law and Child Support
Child support is granted to the custodial parent from the noncustodial parent based upon a formula called the Percentage of Income Formula, which then determines how much the parent must pay each month to help financially support the child. In some cases, the court will find that the amount generated is inappropriate and will make adjustments according to the particular case.
In some instances, the noncustodial parent will pay less than the stated amount for any of the following reasons: the custodial parent has a significantly higher income than the noncustodial parent; the noncustodial parent provides medical insurance for the child; the support payments would cause hardship for the noncustodial parent; or the property provided to the custodial parent provides additional resources to the child. There can be other special circumstances, and the child support agreement can be altered if there are any changes in income for either parent.
