Best Divorce Lawyers Washington, D.C. Of 2024 – Forbes Advisor – Technologist

Understanding Washington, D.C.’s basic requirements and procedures is essential for a smooth divorce. Here’s what to know when filing for divorce in D.C.

Washington, D.C. Divorce Requirements

When getting divorced in D.C., you need to be aware of the specific residency and separation requirements. You or your spouse must be a D.C. resident for at least six months before filing for divorce.

As of early 2024, the legal separation requirement in D.C. is no longer in effect. Previously, D.C. law required a six-month separation if both spouses agreed to the divorce and a year’s separation if the spouses disagreed.

Types of Divorce and Separation in Washington, D.C.

D.C. is a no-fault jurisdiction, meaning you or your spouse can initiate a divorce simply by declaring that one or both spouses no longer wish to be married. As there is no longer a mandatory separation period before divorce in D.C., residents can immediately file a divorce due to a recent change in law.

You also have options other than divorce for ending a marital relationship in Washington, D.C., including:

• Legal Separation. Couples who do not want to get divorced for specific reasons, such as religious objections, can legally separate. This allows them to remain married while living separate lives and resolving crucial issues such as child custody and support, alimony and property division.
• Annulment. An annulment is a legal process that declares a marriage invalid and as if it never happened. Grounds for an annulment in Washington, D.C. include incest, lack of legal age to marry, fraud or unsound mind.

Child Custody, Support and Visitation in Washington, D.C.

As a parent, you want what’s best for your child and hope to minimize the disruption that divorce invariably brings. Child custody, support and visitation are sensitive aspects of any divorce with children. Here’s an overview of the key child custody and child support aspects of D.C. law:

• Child custody and visitation. There is a presumption that joint custody is in the best interests of the children (except if there has been domestic violence in the family, child abuse, child neglect or parental kidnapping, which can be rebutted if there is evidence that it is not in the best interests. Best interests are evaluated by considering a variety of factors, such as the parents’ and child’s wishes, the child’s adjustment to home and school, the health of any of the parties and more.
• Child support. Child support calculations adhere to specific D.C. child support guidelines. This takes into account the parents’ income and expenses and the needs of the child (medical expenses, education, etc.). The non-custodial parent is usually responsible for paying child support.

Property Division in Washington, D.C.

The separation of marital property in a divorce can be a critical factor impacting your future lifestyle. In Washington, D.C., marital property is divided according to equitable distribution, which isn’t necessarily a 50:50 division. When evaluating property division, a court may examine factors such as your and your spouse’s financial and non-financial contributions, the length of the marriage and others.

Assets and debts acquired during the marriage are considered marital property in D.C. Such assets include the marital home, investments, vehicles and other personal property. Under D.C. law, even your retirement accounts may qualify as marital property. Exceptions to marital property include gifts, inheritances or other assets acquired before the marriage. Hiring a Washington, D.C., divorce lawyer can be crucial to ensure fair property division.

Spousal Support in Washington, D.C.

A D.C. court may award temporary or permanent financial support, called alimony, to a spouse. Alimony can depend on the length of the marriage, respective incomes, age and lifestyle factors. For example, suppose one spouse had a long career break while caring for children during the marriage. If this career break led to a considerable drop in income when they re-entered the labor market or prevented them from getting a job, they may be entitled to alimony.

Filing and Serving Your Divorce Papers

The process of filing for divorce in Washington D.C. begins with completing the necessary court document outlining the essential details of the divorce, which is the Complaint For Absolute Divorce. The document confirms the residency requirement and includes and indicates what the plaintiff is asking for such as child custody, child support, property division and alimony. You will also need to fill out additional paperwork, attachments relating to assets and debts, child support and child support as well as a confidential information form.

You can e-file your forms through the D.C. Courts website. The final vital divorce step entails serving your spouse with the divorce papers to notify them of the proceedings legally. Here are your options for serving your spouse:

• Using a process server or other adult to serve the papers in person
• Sending the papers via certified mail with a return receipt
• Serve the papers electronically via text, email or social media message

A divorce lawyer in Washington, D.C., can help you manage completing and filing divorce forms and ensure your spouse is served correctly.

Finalizing Your Divorce

Completing your divorce in Washington, D.C., involves certain procedures, such as court appearances and additional documents. Here’s what you need to know:

• Waiting Period. While there is no mandatory waiting period like in some other states, a D.C. divorce is not finalized until 30 days after the judgment is signed and the court has stamped the date on the divorce order.
• Hearing Requirements. While an uncontested divorce typically only requires one hearing before it is finalized, a contested divorce may go through the entire legal process, which can entail multiple hearings, discovery and other court procedures.