Washington DC Divorce Law    Residency Requirements for Divorce in Washington DC
Residency Requirements for Divorce in Washington DC
One of the spouses must have been a resident of Washington D.C. for 6 months immediately prior to filing for divorce. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Legal Grounds for Divorce in Washington DC

1. No Fault Divorce:
1. Mutual voluntary separation without cohabitation for 6 months
2. living separate and apart without cohabitation for 1 year
"Living separate and apart" may be accomplished under the same roof, if the spouses do not share bed or food.
2. General Divorce:
1. Mutual voluntary separation without cohabitation for 6 months and
2. living separate and apart without cohabitation for 1 year are the only grounds for divorce in Washington D.C.
 

Legal Separation in Washington DC
Legal separation (from bed and board) may be granted on the following grounds:

1. adultery
2. cruelty
3. voluntary separation
4. living separate and apart without cohabitation

One of the spouses must have been a resident for 6 months prior to filing for legal separation. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Simplified/Special Divorce Procedures in Washington DC
There are no legal provisions in Washington D.C. for simplified divorce.

Divorce Mediation in Washington DC
The court may order either or both spouses to attend parenting classes in those cases in which child custody is an issue.

Divorce Property Distribution
Washington D.C. is an "equitable distribution" jurisdiction. If there is no valid property distribution agreement, each spouse retains his or her separate property (acquired before the marriage or acquired during the marriage by gift or inheritance) and any increase in such separate property and any property acquired in exchange for such separate property. All other property, regardless of how title is held, shall be divided equitably and reasonably, based on relevant factors, including:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the length of the marriage
3. the occupation of the spouses
4. the vocational skills of the spouses
5. the employability of the spouses
6. the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
7. the assets and debts of the spouses
8. any prior marriage of each spouse
9. whether the property award is instead of or in addition to alimony
10. any custodial provisions for the children
11. the age and health of the spouses
12. the amount and sources of income of the spouses

The conduct of the spouses during the marriage is not a factor for consideration.

Alimony and Spousal Support
Either spouse may be awarded alimony, during the divorce proceeding or after, if it is just or proper. There are no specific factors listed in the statute. However, martial fault may be considered.

Spouse's Name After Divorce
Upon request, the birth name or previous name may be restored.

Child Custody After Divorce
Sole or joint custody may be granted during and after a divorce proceeding based on the best interests of the child, without regard to spouse's sex or sexual orientation, race, color, national origin, or political affiliations. The following factors shall also be considered:

1. the preference of the child, if the child is of sufficient age and capacity
2. the wishes of the parents
3. the child's adjustment to his or her home, school, and community
4. the mental and physical health of all individuals involved
5. the relationship of the child with parents, siblings, and other significant family members
6. the willingness of the parents to share custody
7. the prior involvement of the parent in the child's life
8. the geographical proximity of the parents
9. the sincerity of the parent's request
10. the age and number of children
11. the demands of parental employment
12. the impact on any welfare benefits
13. any evidence of spousal or child abuse
14. the capacity of the parents to communicate and reach shared decisions affecting the child's welfare
15. the potential disruption of the child's social and school life
16. the parent's ability to financially support a joint custody arrangement

There is a rebuttable presumption that joint interest is in the best interests of the child unless child abuse, neglect, parental kidnapping or other intrafamily violence has occurred. The court may order the parents to submit a written parenting plan for custody.

Child Support After Divorce
Either parent may be ordered to pay reasonable child support during and after a divorce proceeding. Detailed specific child support guidelines are contained in Title 16, Chapter 9, Sections 916.1 and 916.2. Variations from the official child support guidelines are allowed based on the following factors:

1. the child's needs are exceptional
2. the non-custodial parent's income is substantially less than the custodial parent's income
3. a property settlement between the parents provides resources for the child above the minimum support requirements
4. the non-custodial parent provides support for other dependents and the guideline amounts would cause hardship
5. the non-custodial parent needs a temporary reduction [of no longer than 12 months] in support payments to repay a substantial debt
6. the custodial parent provides medical insurance coverage
7. the custodial parent receives child support payments for other children and the custodial parent's household income is substantially greater than that of the non-custodial parent
8. any other extraordinary factors

Child support may be ordered to be paid through the Clerk of the Superior Court.

Continue to West Virginia Divorce Laws
 
Resource Article:
 
Social Security Benefits After Divorce
By Jean Mahserjian


The first issue to be addressed is the amount of time that you were married before the divorce. To collect social security benefits based upon your former spouse's earnings record, you must have been married for at least ten years. If you or your spouse are considering divorce, this ten year time limit might be an important issue.

For example, if you have been married for just nine years, and if having this social security benefit after divorce will help you, you might want to negotiate a one year separation before the divorce. That way, you have preserved your ability to collect social security under your soon to be ex spouse's earnings record after the divorce. The one year separation could have some impact upon other rights that you need to address. So, it is a good idea to discuss this issue with your divorce attorney or with an accountant before finalizing a separation or divorce agreement.

You cannot collect social security under an ex spouse's earnings record if you remarry. So, if you have carefully preserved this benefit after divorce, you might want to be very careful about remarrying. You can collect social security benefits under the next spouse's earnings record, but the same time rule will apply. That is, you must remain married to that individual for ten years before you can collect social security under their earnings record.

Many people simply want to know how much they will collect in social security benefits. The general rule when collecting benefits under someone else's earnings record is that you cannot collect more than fifty percent of that person's benefit. So, if your spouse or ex spouse is going to receive a monthly benefit of $1500, you cannot collect more than $750 if you collect under their earnings record. You need to know what your own benefit will be to decide if you would be better off collecting under your own earnings record or under a spouse or former spouse's earnings record after divorce.

The rules that pertain to collecting social security after divorce are different than the rules that pertain to collecting social security after the death of a spouse to whom you are still married. Those rules should not be confused.

You can always check with the social security administration to find out what your social security rights and benefits are. The social security administration also maintains a website that you can interact with to figure out your rights and benefits.
 
 

Divorce Terms:

Recrimination. If the defendant is accused of adultery, recrimination is the counterclaim when the plaintiff is accused of adultery, too.

Recusal. The disqualification of a judge because of judicial prejudice or bias.

If you believe that a judge cannot give your case a fair hearing, counsel can file a motion asking the judge to recuse himself. Unless the judge has a personal or business relationship with your spouse, this motion will probably fail, and can even backfire. Judges do not want to be told that they cannot act fairly.

Rehabilitative Alimony. Short-term spousal support designed to help the recipient get started with her new life. See Alimony.

Removal (of a minor child). The legal proceeding, usually brought by complaint or petition, by the custodial parent to remove (move) the minor child(ren) from the state.

The recent trend is to allow the custodial parent more flexibility in moving out of state when there are real advantages (known as the real advantage test) to the custodial parent. The theory is what's good for the parent (usually the mother) is good for the child, i.e., in the Childs best interest. Fathers rights groups have lobbied against this trend. Not all states use the real advantage test. We have come full circle from Victorian times when children were the personal property of their fathers. Now children are the personal property of their mothers. Many courts are unlikely to allow removal if the child has a close relationship with the non-custodial parent. Consult your attorney.
 

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



Home