Attorney At Law
I am asked often by potential clients whether they should file in the court immediately rather than try to settle separation and divorce issues out of court. In other words:
TO FILE OR NOT TO FILE: THAT IS THE QUESTION!
It is always best if you can reach a settlement related to the issues arising out of your marriage. Filing a court case before you have attempted to settle the issues out of court is more expensive, time-consuming, and a more emotionally difficult path to reaching a resolution.
It is important to understand the difference between an Uncontested Divorce and a Contested Divorce in DC.
An Uncontested Divorce is one in which all issues arising out of your marriage have been settled and there are no outstanding areas of disagreement between you and your spouse.
A Contested Divorce is one in which you are unable to reach an agreement as to all issues either on your own or with the assistance of a family law or divorce lawyer.
An Uncontested Divorce in the District of Columbia moves through the court system in a much quicker fashion than a Contested Divorce. It is also much less costly for both you and your spouse. To file for an Uncontested Divorce in DC, all issues between you and your spouse must be resolved, which covers issues related to any property you have including:
Often pets become an issue when you separate.
We all love our pets and we consider them part of our family. This can be a difficult issue when you separate from your spouse.
These are all important questions and can become a source of additional stress when you separate. A Marital Settlement Agreement can include financial terms and other agreements related to the care of a pet after separation and divorce and whether or not the person who is not caring for the family pet on a daily basis still has visitation rights. You may want to consider who will be responsible for making health care decisions for your dog and whether the vet bills and dog-walking or boarding costs will be shared.
It is not unusual to feel some stress in bringing up the idea of a Prenuptial Agreement with your partner. However, if you approach a Prenuptial Agreement as a way to discuss your future financial life with your soon to be spouse this can help you start your married life with some basic agreements about your finances.
The process of discussing the contents of a Prenuptial Agreement will help you to discuss issues you may not have thought about, which can lead to less friction over finances throughout your marriage.
I am contacted often and asked how to file for an Uncontested Divorce in DC. It is important to first decide whether your divorce is truly uncontested.
Even though you and your spouse may be friendly and everything is amicable, if you have any assets that accumulated during your marriage, even if you have kept most or all of your finances separately titled, you may still need to have a Separation and Property Settlement Agreement (Marital Settlement Agreement) to be sure you are protected in the future.
Here is an interesting article in the Washington Post column “Solo-ish”in which I was interviewed about housing and the impact of moving from your home during and after a separation and divorce. Here is the link to the article:
An Uncontested Divorce is one in which you and your spouse have resolved all issues in your marriage, for example, a division of your property, child support and custody or a parenting plan, division of retirement plans, etc. If you have worked out the various issues, it is important to have a written Agreement drafted that indicates how everything will be settled. All potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are then resolved prior to filing for divorce.
If you do not have a written Agreement, you may not be able to proceed with a simple uncontested divorce. In order to file for an Uncontested Divorce and attend a simple hearing, you must be able to show that all property and other rights are settled.
Enjoy listening to a recent radio interview in which I speak about a variety of family law issues such as DC Divorce and DC Prenuptial Agreements.
I touch on topics such as DC Uncontested Divorce, DC Contested Divorce, DC Prenuptial Agreements, and an assortment of other issues, including information about documents to have in place before you marry. There is also a discussion about negotiating settlements rather than spending a great deal of family funds on going to court where you may lose control of the outcome of your situation.
There is also a discussion about having a Prenuptial Agreement in place so you can work out how you will deal with your family finances once you are married. In addition, the interviewer suggested that it is best to speak with a family lawyer/divorce attorney so you know what your rights are and what documents you should have.
When you decide to live with someone, it is important to think about the issues that may come up if you decide to end your relationship. In the District of Columbia, when you live with someone, your relationship can become a common law marriage and you can be considered legally married, even if you do not intend to enter into a marriage. A Cohabitation Agreement can specifically state that you do not intend that your relationship be considered a marriage with all the rights that go along with a marriage, such as support, etc. In addition, you may own property separately or purchase property together with your partner and if you decide that your living situation is not working out, this can lead to disputes that can be difficult and costly to settle.
A Cohabitation Agreement or a Living Together Agreement is a contract that sets guidelines for how your property will be divided if you separate. It defines your rights as a couple. It can also expressly state that you have no intention of marrying or if you decide to marry that you will sign a Prenuptial Agreement or just void your Cohabitation Agreement. A Cohabitation Agreement can protect your separate property and income and can protect you from your partner’s debts.
A Cohabitation Agreement can also deal with the basics of how you will manage your household, for example, who will pay which bills, whether you will have a joint bank account, how much you will each contribute to monthly household expenses, etc.
How will your retirement be divided in your divorce?
My clients are often surprised when I tell them that their retirement assets may be considered marital property. If you accumulated the funds during your marriage, they may be divided as part of your divorce. However, you may have other marital assets to divide as well. All of your marital property will be taken into account when deciding how to deal with your retirement plans.
It is important to understand your options so you can make an educated decision about what is best in your situation.