What is an Absolute Divorce?
In DC, an Absolute Divorce represents the end of the marriage between you and your spouse. It is permanent, allows you to remarry, and divides your marital property interests and marital debt.
When Can an Absolute Divorce Be Granted?
There is no waiting period to file for divorce in the District of Columbia. It is best to have a writtten Separation and Property Settlement Agreement or Marital Settlement Agreement that resolves all issues resulting from your marriage such as child custody, child support, division of your financial accounts and retirement accounts, division of your real estate, etc. Then you are able to file for an uncontested divorce.
If you do not have an agreement in place, then you may file for divorce at any time but your divorce is then considered contested and the process takes much longer.
Legal Separation in DC:
- A Legal Separation does not end the marriage. You remain married to your spouse and therefore may not remarry. You would resolve the issues in your marriage by agreeing to terms in a written Separation and Property Settlement Agreement. If you are unable to agree, the Court may divide your marital property rights and debts without granting a divorce.
- You do not have to be separated for a minimum time period prior to filing for a Legal Separation.