District of Columbia Divorce Laws
RESIDENCY REQUIREMENTS:At least one party must be a resident of the District of Columbia for a minimum of 6 months before filing for a divorce. [Based on DC Code - Title 16 - Chapter 9 - Section 16-902]
LEGAL GROUNDS FOR DIVORCE:A divorce may be granted if the parties have mutually lived separate and apart for 6 months, or have lived separate and apart without cohabitation for one year prior to filing for a divorce. Couples who have pursued separate lives, sharing neither bed nor food, can be deemed living separate and apart, even if they reside in the same house. [Based on DC Code - Title 16 - Chapter 9 - Section 16-904]
LEGAL SEPARATION:A legal separation may be granted if the parties have lived apart, sharing neither bed nor board. A legal separation may be converted to an absolute divorce. [Based on DC Code - Title 16 - Chapter 9 - Sections 16-904, and 16-905]
PROPERTY DISTRIBUTION:The District of Columbia is an equitable distribution state, meaning the the court will distribute all property and debt acquired during the marriage in a just, equitable, and reasonable manner, considering the following factors:
- The length of the marriage.
- The age, health, occupation, amount, and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties, and the opportunity for future acquisition of assets and income.
- The custody provisions of the minor children.
- Whether the property distribution is in lieu of or in addition to alimony.
- Each party's obligation from a prior marriage or for other children.
- The contribution of each party as a homemaker.
- Any contribution made by one party to help educate or develop the career or employability of the other party, and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children.
- Each party's contribution to the marital assets (and whether the assets or debts were incurred after separation.
- The tax consequences for each party subject to distribution.
- The circumstances that caused the breakdown of the marriage.
Sole and separate property acquired prior to the marriage, or acquired during the marriage by gift, bequest, devise, or descent, and any increase thereof, or property acquired in exchange therefor; shall be considered separate property and not subject to division. [Based on DC Code - Title 16 - Chapter 9 - Section 16-910]
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:Either party may be awarded alimony, and may be indefinite or term-limited. In determining whether spousal support will be awarded, and the amount of alimony that will the paid, the court shall consider the length of the marriage, the age, health and mental conditions of each party, the standard of living established during the marriage, occupation, amount and sources of income, the property awarded in the divorce settlement, vocational skills, employability, length of time necessary to gain sufficient education or training for suitable employment, estate, liabilities, and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income; the fault of either party; the right of a party to receive retirement benefits; any previous award of child support in this case; and the federal tax consequences of the order. [Based on District of Columbia Code - Title 16 - Chapter 9 - Section 19-913]
SPOUSE'S NAME:The party that changed their name upon marriage may state in the decree that they will resume either their birth name or a previous name that they desire to use. [Based on DC Code - Title 16 - Chapter 9 - Sections 16-915]
