Same Sex Divorce In DC

By Carolyn

Friday, April 26th, 2013

The procedure for a same sex divorce in DC is the same as for any divorce in DC. There is one exception. You do not need to meet the standard residency requirement if you live in a state that will not permit you to file for a same sex divorce.

You can file for a same sex uncontested divorce in Washington, DC if you meet the following requirements:

1. You and your spouse have been separated for either six months (if your separation is mutual and voluntary) or one year if your separation is not mutual and voluntary,

2. either you or your spouse live in DC and have lived in DC for at least 6 months prior to filing for divorce OR you were married in DC but now neither one of you lives in DC and neither one of you lives in a state that permits same sex divorce, and

3. you and your spouse are in complete agreement about all issues involved in the marriage, i.e. there are no issues involved or you have a Separation and Property Settlement Agreement that resolves the issues in your marriage.

You must file the Complaint for Divorce, Answer to the Complaint,Uncontested Praceipe, and Cross-Reference Intake Form together with the necessary filing fee and your case will then be scheduled for a hearing. You will also need to present your marriage certificate. If you and your spouse both agree, you may file a Waiver of Appeal that will permit your divorce to be final immediately after your divorce Order is signed by the Judge at your hearing.

On your hearing day, you may present a proposed Findings of Fact, Conclusions of Law and Judgment of Absolute Divorce.

It is always best to speak with a divorce lawyer for advice and to be sure you understand what is required in your specific situation.

Categories : DC Divorce, DC Same-Sex Divorce

Legal Separation in DC

By Carolyn

Thursday, April 25th, 2013

Many people ask me whether they need a Legal Separation. It is important to understand what a Legal Separation is before you decide if it is necessary. The main difference between a Legal Separation and a Divorce is that when the proceeding is over, you will still be married to your spouse. A Legal Separation is a court proceeding but it does not dissolve your marriage. Only a divorce ends your marriage and gives you the freedom to remarry . You are not free to remarry if you are legally separated.

In a Legal Separation proceeding, the court may order spousal support, child support, and may divide marital property. However, most people decide that their money is better spent on negotiating a Separation and Property Settlement Agreement and then proceeding to file for an Uncontested Divorce. If you first file for a Legal Separation and you do want a divorce you will need to enlarge your Legal Separation into an Absolute Divorce when you have been separated for the required period of time.

You are not required to file for a Legal Separation in DC. However, if you do, the grounds for legal separation are the same as for a divorce. You must be separated from your spouse. You have to be living apart or living separately under the same roof. The legal ground of mutual and voluntary separation is the same as for a divorce, except that there is no minimum time period required for your separation as there is for a divorce. If your separation is not voluntary, then you must live separate and apart for a period of one year before you can file for a Legal Separation. This ground is the same as the ground of one year separation for an Absolute Divorce.

If you negotiate a Separation and Property Settlement Agreement and resolve all of the marital issues, you can then begin the less expensive and less time consuming process of filing for an Uncontested Divorce once you have been separated for the required period of time. This is the best route to take unless you have a special situation, for example, your religion does not allow you to file for a divorce, or if your spouse is totally uncooperative in working out an Agreement and begins to spend all of the marital assets and you have not been separated for the required period of time to file for divorce.

It is always best to speak to a divorce attorney to decide the best course of action for your specific situation.

Categories : DC Legal Separation

Can I Do A Prenuptial Agreement Myself?

By Carolyn

Wednesday, February 20th, 2013

It is best to understand what a Prenuptial Agreement is in order to see that it is best to have the advice of a family lawyer to assist you. A Prenuptial Agreement is a contract between you and your future spouse that determines your financial rights and obligations if your marriage ends as a result of divorce or death. It is also a useful tool for creating a financial plan to use during your marriage. You can make agreements regarding how to handle your finances during your marriage and create peace of mind for each of you so you can avoid disputes. Every situation is unique and it is best to have an experienced advisor to help you though the process. There are very important issues to be aware of when drafting and completing such an Agreement.

It is easy to think that you can just prepare a Prenuptial Agreement by yourself. When you are planning to be married, there is great optimism and it is hard to think about the prospect that your relationship could end one day. So, there is a tendency to think that you can just put together a simple Agreement and move on to the marriage celebration. However, you have to take a step back and think about why you want a Prenuptial Agreement. Clearly, if you think a Prenuptial Agreement is important to have, you want it to have validity if you ever need to rely on it in the future.

It is best for both you and your fiance to have lawyers advising you through the process. Hopefully, the two of you will discuss most of the issues yourselves and negotiate the terms between you. However, your separate attorneys can help advise each of you as to the important terms of the Prenuptial Agreement as well as how to achieve a fair Agreement. It is likely that one of you is in a better financial position than the other when you marry. You will need help to decide how best to deal with such a situation so neither one of you begins your marriage feeling that things are not fair. Your family lawyer can help to protect your individual rights while trying to achieve a fair result so that neither one of you enters your marriage feeling that he or she has been treated unfairly.

Seek the advice of a family law attorney/divorce lawyer when contemplating a Prenuptial Agreement. The fees involved are well spent so you can avoid the pitfalls that can result if you prepare the Agreement yourself only to have it ruled invalid at the time you need it or to be too ambiguous to be useful. A family lawyer who is sensitive can help to ensure that the Agreement is fair for both of you.

Categories : DC Prenuptial Agreement

Do I Need a Lawyer For A Separation Agreement?

By Carolyn

Tuesday, February 19th, 2013

Sometimes people call and tell me that they have been thinking about using an online service to prepare their Separation Agreement and they want advice as to whether or not an attorney is really necessary. Usually, people think about this option because they are hoping to save money.

While there is no legal requirement that you have a lawyer, it is important to consider that when you sign an Agreement you are legally binding yourself to the terms. It is extremely important to understand the issues that should be included in a Separation Agreement and to understand exactly what you are agreeing to. It is very difficult to use a generic Agreement without understanding all the issues that must be resolved when you end your marriage.

Every marriage has issues that are unique. It is important to have a Separation Agreement that is drafted for your specific circumstances. An attorney can discuss the issues with you and give you advice so you understand the various ways a specific issue can be settled. You can then chose to negotiate a resolution of the marital issues with your spouse or have your lawyer negotiate a settlement on your behalf with your spouse’s attorney. If you decide to negotiate a settlement with your spouse, your lawyer can remain in the background as an advisor and help you through the process. This will keep your costs down and help resolve the issues in as amicable a way as possible.

If you sign an Agreement without the benefit of speaking to a divorce or family law attorney, you may give up rights that you did not know existed. No matter how amicable your separation is, you and your spouse have conflicting interests. In order to protect yourself, it is best to have an attorney advice you through the process and draft a Separation Agreement that provides security for your future.

Categories : DC Divorce, DC Separation Agreement

What is the Difference between a Divorce and an Annulment in DC?

By Carolyn

Friday, January 18th, 2013

I receive calls from people asking if they can get an Annulment, often because they have not been married very long. Annulments are very uncommon in DC. An Annulment is a ruling from the court that your marriage was not valid. It is as if the marriage never took place. This is different from a Divorce which ends your marriage, but your marriage is still considered valid.

To seek an Annulment in DC, there is no residency requirement if your marriage was performed in DC. This means that you can file for an Annulment if your marriage was performed in DC but you do not live in DC. You can also file in DC if one of you lives here but were married outside DC. To file for Divorce in DC, there is a residency requirement. One of you must be a resident of the District of Columbia for at least six months prior to filing for Divorce. For a Divorce, it does not matter where you were married, you can still file in DC if you meet the residency requirement.

You can file for an Annulment in very specific situations and you must have very good proof. In several situations your marriage is considered void from the day you are married, i.e. if you marry a close relative or if one of you is already married to someone else. However, you still may want to seek a Court Order of Annulment so you have proof the marriage was not valid.

You can request an Annulment if any of the following is true:

1. you married each other when one or both of you was already married to someone else.

2. you married a close relative, such as a grandparent, a parent, a sibling, etc.

3. you married someone who was mentally incapacitated, unless you voluntarily lived with that person after you discovered the incapacity;

4. you were forced to marry or there was fraud involved;

5. you or your spouse was under the age of 16 when you married, unless you voluntarily lived together as husband and wife after the age of 16.

You will probably need to file for a Divorce in DC rather than an Annulment because the grounds for Annulment are rare. It is best to speak to a Divorce Attorney who can give you advice regarding your specific situation.

Categories : DC Divorce and Annulment

Is A Prenuptial Agreement Necessary?

By Carolyn

Friday, November 30th, 2012

Whether or not to have a Prenuptial Agreement, commonly called a Prenup, is an individual decision. Sometimes people tell me their parents have asked them to have one prepared because they will be receiving a sizable inheritance one day and want it to be protected. What is clear is that a Prenuptial Agreement is not just for wealthy people or people with children from a previous marriage who are marrying again. It is commonly being used by young people getting married for the first time. If your marriage does end, having a Prenuptial Agreement will help to reduce the emotional and financial strain of a divorce.

There are many reasons why you may want to have a Prenuptial Agreement. You may own a house or condo, a retirement account, a stock portfolio, or part of a business, or own a rental property and want to protect it. You may be the beneficiary of a trust set up for you by your family. You may be receiving an inheritance in the future or part of a family owned business and want to be sure that it will remain your separate property. You may be helping pay for schooling for your future spouse and want to be certain you are not responsible for student loan debt if the marriage does not work out. You may have children from a previous marriage and want to be sure they are protected. There are many other reasons you may want to consider a Prenuptial Agreement.

Talking about a Prenuptial Agreement with your fiance can be difficult. However, it is important to remember that marriage is not just an emotional union but it is also a financial merger, so to speak. If you approach the subject honestly, both of you will see that an agreement that sets things out clearly can actually smooth your transition from your individual financial lives to a joint financial life.

A Prenuptial Agreement should be discussed with an attorney who has experience preparing this type of document. It is important that it be drafted clearly and that it contain all the agreements you and your fiance have discussed. The first step in preparing such a document is to make a list of your assets and debts. The most important part of a Prenuptial Agreement is an honest financial disclosure…both of you must fully disclose what you own, what you may become entitled to in the future, and what debts you may have.

It is important to understand what is included in a Prenuptial Agreement and to begin the process with a family law attorney well in advance of your planned wedding date. This will ensure that both you and your fiance have a chance to discuss the terms of the Agreement without feeling pressured by a wedding date that is approaching quickly.

Categories : DC Prenuptial Agreement

Why Is It Important to Have A Separation Agreement?

By Carolyn

Friday, November 16th, 2012

I receive many calls from potential clients who tell me that they are ready to file for an Uncontested Divorce. When I ask some basic questions regarding property and retirement accounts, sometimes it becomes clear that it would be best to prepare a Separation Agreement so that all potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are resolved prior to filing for divorce. It is also a very good idea to have a Separation Agreement even if you are separating and are not sure if you will end up filing for divorce. You need to be protected so that you are not arguing over every issue that may arise. An Agreement will resolve the issues so you can move on with your life without constant disagreements.

Sometimes an Agreement may be relatively simple and just provide assurance that all bank accounts and all debts will remain separate and each party will waive rights to the other person’s retirement accounts. Other Agreements may be more complex and address many more outstanding issues.

There may be a marital home or other property that one person is in a better financial position to keep. However, the other spouse may still be entitled to be bought out of the property or receive a Marital Cash Settlement in exchange for giving his or her interest in the property to the more financially able spouse. The marital cash settlement can be a lump sum payment or a payment that is made in several installments. This can be a tax-free transfer of funds as long as it is clearly spelled out in your Separation Agreement so that the cash settlement falls under the correct IRS Code provision.

There may be debt that built up during your marriage that must be divided. This can range from cell phone bills that must be paid to student loans, mortgage loans, credit card bills, and other debts that are outstanding. The Separation Agreement will spell out who will be responsible for the debt and how it will be paid. This is very important so that you and your spouse maintain good credit.

There may be income tax issues to resolve, such as, whether you will file joint tax returns during your separation, who will take the dependency exemption for the children in the event you file separately, who will pay any penalties and interest in the event of an audit or previously filed joint returns, who will receive any tax refunds that may be due, etc.

There may be issues related to custody of your children, child support, and parenting/visitation plans. Your Separation Agreement will clearly define the issues of custody and how you agree to parent your children and divide time with them. This will help to prevent constant bickering over child care issues.

There are numerous issues to be resolved when you decide to separate. It is very important to protect yourself both emotionally and financially. A well drafted and thoughtful Separation Agreement can help you do this. It is best to speak to a supportive divorce lawyer to help you define the issues involved in your situation and who can then write a clear document so you can move on with your life comfortably.

Categories : DC Divorce, DC Separation Agreement

Physical Custody and Legal Custody in DC Divorce

By Carolyn

Monday, October 22nd, 2012

There are many ways to determine who will have custody of your children when going through a separation or divorce in DC. There is a distinction between physical custody and legal custody. Physical custody refers to the living arrangements for your child, i.e. where your child eats and sleeps. Legal custody refers to the legal responsibility for your child, i.e. the decision-making related to your child’s health and medical treatment, education, and general welfare.

You and your spouse can negotiate any type of custody arrangement as long as your child’s best interests are served. It is best if both you and your spouse have continuing contact with your child.

Some possible arrangements are as follows:

You can have joint legal custody. This allows both of you to have a say in making decisions that are in the best interest of your child.

You can have joint physical custody which means that your child will spend time living with each parent. The division of this time varies from situation to situation. It does not necessarily mean a 50-50 split of time. There are many different schedules that can be used. It can vary from one week with one parent and the next week with the other parent to a schedule where the child lives with one parent for three days, the other parent for three days, then with the first parent for four days and the other parent for four days and so on. The child could also spend weekends and some evenings with one parent and the rest of the time with the other parent. A parenting plan would be worked out that becomes part of your Separation Agreement.

One of you can have sole legal custody which would give you the right to make all decisions for the welfare of your child without the input of the other parent. Even if one of you has sole legal custody, you can still have an arrangement for either sole physical custody or joint physical custody.

One of you can have sole physical custody which means that your child lives with one parent and has a visitation schedule to maintain regular contact with the other parent. Even if one of you has sole physical custody, you can still share legal custody if you both agree. So, both parents would be involved in making the decisions about your child’s health, education, and welfare even though your child lives mainly with one parent.

Determining how to share time with your child can be difficult. It is best to consult with a divorce lawyer/family law attorney so you can fully understand the various options available to you.

Categories : DC Custody

How Do I File For Divorce In DC?

By Carolyn · Comments (0)

Tuesday, October 9th, 2012

Filing for divorce in DC is not a difficult process. However, before you can file for divorce in DC, you must be sure that all of the issues between you and your spouse are settled. Otherwise, you will have to file for divorce and go through the process as if the divorce is contested. This process is longer and more expensive than filing for an Uncontested Divorce.

Once you have settled all the outstanding issues with your spouse, such as division of your marital property, custody of your children, child support, division of retirement benefits, division of debts, etc., through a Separation Agreement, there are two other requirements that must be met before you can file for divorce in DC.

First, you must meet the residency requirement. This says that one of you must have been a continuous resident of DC for six months before you file for divorce. There is one exception to the residency requirement. This applies to same-sex couples only. Even if neither one of you has lived in DC for at least six months before filing for divorce, as long as you were married in the District of Columbia, you may file for divorce in DC.

The other requirement that must be met has to do with how long you have been separated. There are two possible ways to meet this requirement in DC. You can either be separated mutually and voluntarily for a period of six months or you must be separated for a period of one year even if the separation was not originally mutually agreed upon. It is also possible that sometime during the year, the separation became mutual so that you will not have to wait a full year to file for divorce. This is something to discuss with a DC divorce attorney.

It is easiest to file all necessary papers together if you and your spouse agree to cooperate with the filing. Then, the case will be filed as an Uncontested Divorce and a hearing date will be set. The filing requires a Complaint for Absolute Divorce, Answer to Complaint for Absolute Divorce, Uncontested Praecipe, and a Cross-Reference Intake Form. A Proposed Findings of Fact, Conclusions of Law, and Judgment of Absolute Divorce may be filed. A Waiver of Appeal filing is also a good idea so that your divorce will be final on the day of your hearing instead of 30 days later (the appeal period).

It is always best to discuss all of your options with a family law attorney in DC to be sure that your rights are protected. A DC divorce lawyer will also be able to assist you in navigating through the process so it is done correctly and in an efficient manner.

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Categories : DC Divorce, DC Divorce - Division of Property, DC Same-Sex Divorce, DC Separation, DC Separation Agreement, DC Uncontested Divorce

Do I Need A Separation Agreement?

By Carolyn · Comments (0)

Monday, September 24th, 2012

It is a good idea to have one. You are not required to have a Separation Agreement. However, it is a good idea to have one if you have any issues that remain unresolved with your spouse. This will help you avoid a lengthy court process in which the Judge will have to decide things for you.

Verbal agreements between you and your spouse will not be enforced by the court. Only written agreements that are signed by both of you in the presence of a notary can be enforced. A Separation Agreement, sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the agreement. An agreement will clearly spell out the benefits you are entitled to and the obligations you have.

A Separation Agreement resolves all the issues and in doing so protects you and your spouse for the future. It answers questions such as:

How will we divide our property?

Will we sell our house or will one of us buy the other one out?

Who will pay the car insurance?

How will we pay our credit card bills, our student loans, and all of our other debts?

Where will the children live and how will we parent them together?

How will we share time with the children?

Will I receive financial help to care for the children (child support)?

Am I entitled to a share of my spouse’s retirement accounts?

Will we file joint tax returns or separate tax returns?

Who will claim the dependency exemption for the children?

Who will claim the mortgage interest deduction for our house?

Will I receive help meeting my financial needs (spousal support)?

There are many other questions the agreement will answer.

As you can see, there are many important issues to be decided when a marriage ends. The decisions you make will have a long lasting impact on your life. An agreement can be modified in the future if you and your spouse (ex-spouse) both agree to make the change.

It is important to speak to a divorce attorney about these issues so you can be sure you understand the issues involved and the meaning of the agreements you are making with your spouse. You can negotiate some of the issues with your spouse, however, it is best to speak to a divorce attorney so you can be sure you are protecting yourself and receiving everything you are entitled to receive. Once you have a Separation Agreement, it is much simpler to proceed to an Uncontested Divorce in DC.

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Categories : DC Divorce, DC Separation, DC Separation Agreement, DC Uncontested Divorce

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