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Author Archive for Carolyn

DC Divorce — Sale of Marital Home

Thursday, February 9th, 2012

I was recently interviewed by the Washington Times regarding the sale of a marital home during a divorce.  You can read the article here:    http://www.washingtontimes.com/news/2012/feb/9/cover-story-divorce-caused-sales-carry-own-conside/

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Categories : DC Divorce

DC Same-Sex Divorce

Wednesday, January 11th, 2012

I have received numerous calls from people who were married in DC and are in a same-sex marriage, but, neither party currently lives in DC.  Usually, in order to file for divorce in DC one of the parties must have been a resident of DC for at least six months prior to filing for divorce.

This has created a problem for same-sex couples who were married in DC, but, now live in states that do not recognize their marriage.   However, there is hope on the horizon.

The DC Council has passed legislation that will allow same-sex couples who were married in DC to file for divorce in DC even though neither party lives in DC. The bill has been passed by the DC Council and has been transmitted for Congressional review.  The projected  law date when DC will permit same-sex couples who were married in DC, but currently live in states that do not recognize their marriage, to be divorced in DC is May 31, 2012.

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DC Prenuptial Agreement and DC Postnuptial Agreement

Saturday, November 19th, 2011

Can we make an agreement that everything that we own separately will remain our separate property?

The answer is Yes.  In prenuptial and postnuptial agreements, many people base the division of property on how property is titled.

If property or bank accounts or other investments are titled in one person’s name, that person will keep that property in the event of a separation and/or divorce.

If something is titled in both people’s names, then the Agreement can state that it will be divided equally in the event of separation and/or divorce.

DC Divorce and Alimony

Friday, November 18th, 2011

A common concern people have when contacting me is whether or not they will receive alimony.  Alimony is often referred to as spousal support as well.  Either person in a marriage can request alimony and it may be paid for a very specific period of time or it can be paid indefinitely.  Sometimes it is paid on a temporary basis to help a person get back on their feet during the divorce process.  It is something that can be agreed to by you and your husband or wife.  It can also be granted by a court if you are involved in a court case.  However, it is not granted lightly by the court.   The Judge who hears a case involving alimony looks at many different factors in deciding whether it is fair to award alimony in a specific situation.  It is always best if you and your husband or wife can agree as to whether or not alimony is fair in your situation.  If you are able to agree, then your Separation Agreement would spell out the details of the payment or waiver if you agree that alimony is not fair in your circumstances.

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DC Divorce

Wednesday, August 24th, 2011

People often ask me if they can be divorced in DC if they were married outside DC.  The answer is Yes.

You can file for divorce in DC as long as you OR your husband or wife has been a resident of DC for at least six months continuously prior to filing.  Only one of you needs to be a resident of DC in order to file.  In addition, you must have living separate and apart continuously for at least six months if you both agree to the divorce.  Otherwise you have to wait to file until you have been separated for one year.  However, in the meantime you can work on negotiating a Separation Agreement if your husband or wife agrees to do so.  It is best to speak to an attorney to be sure how and when you can file.

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DC Uncontested Divorce and DC Divorce

Wednesday, July 27th, 2011

Even though you and your spouse are ready to file for divorce and agree as to how you will settle all the issues in your marriage, you may still need to have a Separation Agreement.  This Agreement is a contract between you and your spouse that settles everything related to your property, your retirement accounts, your children, issues of support, etc.

Once the Agreement is signed, you can then file for an Uncontested Divorce as long as you have met the required separation period.

So, even though it seems that you can just go ahead and file for divorce, it is important to be sure that you have protected yourself with an Agreement that clearly spells out how you are settling your finances and other issues that have arisen as a result of your marriage.

DC Uncontested Divorce

Saturday, June 4th, 2011

An uncontested divorce is one in which both you and your spouse agree to the divorce and there are no issues in dispute.

Does it matter if you or your spouse files for the divorce?   The answer is no.   Either one of you may file, however, the person who files (the plaintiff)  will have to attend a short hearing.  Your spouse (the defendant) does not usually need to appear unless he or she is requesting a return to a former name or if he or she is the DC resident and you do not live in DC.

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DC Prenuptial Agreements

Wednesday, May 11th, 2011

Many people call and tell me that they will be inheriting money or other property and want to protect it in the event they get divorced.  Usually inherited money or property is considered separate property and is not divided if you separate and/or divorce. However, many times a person who inherits money or property puts that money into a new home or other property bought during the marriage.  A Prenuptial Agreement or Postnuptial Agreement will clearly state what happens if you separate and have put your inherited money into a house or other property that becomes jointly owned with your husband or wife.

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DC Divorce

Friday, December 10th, 2010

Name Change — Return to Maiden/Previous Name

Many women wish to return to their maiden/birth-given names during the divorce process.  In District of Columbia divorce proceedings, it is very simple to complete the name change process.  You must simply request a return to your maiden name or birth-given name in the DC divorce papers.  This allows for a simple court-ordered name change without the expense of filing a separate case requesting a name change which requires publication in a newspaper.  Remember to ask your attorney about including this request in the documents that are filed with the court.  This will save a great deal of money and time later.

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Categories : DC Divorce

DC Divorce and Separation – Division of Property

Tuesday, October 26th, 2010

INHERITED PROPERTY OR GIFTS

A common concern among people separating is what will happen to money or property they inherited or were given before they were married or during the time they were married.

As long as the property or funds remain separate and separately titled during the marriage and are not commingled (mixed) with marital funds or property, the inherited or gifted money or property will remain separate and will not be divided when you separate or divorce.

However, separate money or property that is commingled (mixed) with marital money or property can become marital property that is divided at the time of separation or divorce.

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