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 in DC.
Once you have settled all the outstanding issues with your spouse through a Separation Agreement, such as:
- division of your marital property
- custody of your children
- child support
- division of retirement benefits
- division of debts, etc.
There is one other requirement that must be met before you can file for divorce in DC.
You must meet the residency requirement. This means that one of you must have been a continuous resident of DC for six months before you file for divorce.
There is no waiting period required in order to file for divorce in DC so as soon as you have a signed Agreement settling all of the issues you can proceed to file for divorce as long as you have met the residency requirement.
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:
- 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 family law & divorce lawyer will also be able to assist you in navigating through the process, so it is done correctly and in an efficient manner.