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Archive for DC Separation

DC Divorce

By Carolyn · Comments (0)
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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Categories : DC Divorce, DC Separation

DC Divorce and Separation – Division of Property

By Carolyn · Comments (0)
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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Categories : DC Divorce, DC Divorce - Division of Property, DC Separation

DC Divorce and Separation

By Carolyn · Comments (0)
Wednesday, October 6th, 2010

DOES ONE PERSON HAVE TO MOVE OUT OF THE HOME TO SEPARATE?

It can be difficult financially to maintain two households while you are going through a separation. I am often asked whether you can separate in DC under the same roof and still be considered separated for the purpose of filing for divorce.

The answer is yes-if you truly live separate and apart.  You must be living completely separate lives.  This means that you do not share meals or a bedroom.   It also means that you are each cooking for yourselves, doing your own laundry and not going out together to social events.

If you are really leading separate lives, you may remain under the same roof and file for divorce when you have been separated for either six months if the separation is mutual and voluntary or one year if the separation is not mutual.

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Categories : DC Divorce, DC Separation
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