Carolyn Goodman

Attorney At Law

Do I Need a Prenup? If You Have Assets (Valuable or Not), You Should Consider It.

By Carolyn Goodman

You are recently engaged or about to be and you are wondering whether to talk about a Prenup.

You and your partner are so happy right not that you cannot imagine a day in the future that you might not want to be together. You might
think that discussing a Prenuptial Agreement and the topic of finances will hurt your relationship. In reality, a discussion about a Prenup is one of the most important things you can do. It starts a conversation about finances and other issues (such as what will happen to your dog or cat or your collection of photographs and artwork if you add to it during your marriage) that are important to talk about before you get married to help prevent disputes during your marriage or in the event you decide to separate in the future.

I draft Prenuptial Agreements based on my experience representing clients in divorce situations.

I have seen disputes about everything you can imagine and more.  Maybe you and your partner collect vinyl records or vintage movie posters or wine.  What happens to your collections if you separate?  I have had clients with difficulty dividing wedding gifts such as sets of Fine China and crystal and what about that one valuable collection or item given to both of you as a gift. What about that puppy you adopted before you get married or during your marriage!

I ask my clients to think about whether they will be okay financially in the future if their marriage ends. This starts the process of talking with your partner about these issues before you marry.

 In the event you do split up, a Prenuptial Agreement resolves in advance many of the issues that come up when couples separate.  It reduces conflict and makes your separation less stressful.

You may be thinking that a Prenup is only for couples who have many assets and are “wealthy” but there are many reasons to
consider one…….. Here are just a few:

  • You own condo or house and you live in it with your partner
  • You have pets and want to be sure there will be no dispute about who your pets will live with if you separate (Read my “Who Gets the Dog in a Divorce” blog here!)
  • You have a valuable collection of wine, artwork, photo equipment, or other set of things that are meaningful to you and you want to add to it while you are married
  • You want to protect your future inheritance or an inheritance you have already received
  • You own a house or a business with your parents, siblings, or other family members
  • You expect to become a partner in a business or become a partner in a professional practice such as a medical or dental practice or law firm
  • You may start your own business
  • You have children from a previous relationship you would like to protect
  • You provide some financial support to your parents or other relatives.

At the end of the process my clients tell me that even though they hesitated to go through the Prenuptial Agreement process they felt that it was a positive step to take in their relationship.

I encourage a cooperative process in arriving at a final Prenuptial Agreement and my clients report that it actually helped their relationship. They were able to discuss difficult topics now so that they do not become sources of friction later.

It is best to speak with a family law attorney who knows what to include in a DC Prenuptial Agreement and is experienced in writing Prenups to guide you through the process.  You can then decide what is best in your situation.

 

 

 

 

 

Who Gets the Dog in A DC Divorce (Updated)?

By Carolyn Goodman

Separating from your spouse is difficult. Deciding who your dog or cat will live with makes it much harder.

Anyone who has a pet or has had one in the past knows that we treat our pets as part of the family.

Until recently, the DC courts treated pets like furniture.

A welcome change to the law occurred in April of 2023 when a new law was passed in the District of Columbia that allows a Judge in DC to consider who a pet should live with while a divorce is in process and after a divorce is awarded.

 

The law is called the “Animal Care and Control Omnibus Amendment Act.” The determination of who should have your pet while your divorce is pending may not be the same as the Judge’s final decision as to who your pet will live with on a permanent basis. A Judge can determine that the parties to a divorce should have joint custody of their pet and may order a time-sharing arrangement or a Judge may determine that one person should have full custody.

The DC Code section (16-910 (3) was amended to include this change in the law.

16-910 (3) At the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.

In order for a Judge to make a determination about your pet one person must specifically request that the court do so in their divorce documents.  The new law does not set out specific guidelines for the Judge to use in making a determination.  It leaves the issue up to the Judge to determine based on the evidence presented.

If you are having a dispute with your spouse or if you expect an issue to arise related to your dog, cat or other household pet it is best to speak with a DC Divorce lawyer to discuss the different options you have for resolving the issue.

It is always best to try to resolve the issue without having to ask the court to decide for you.

What You Need to Know About Uncontested Divorce in Washington, DC

By Carolyn Goodman

How To Get an Uncontested Divorce in DC?

It is always best to attempt to move forward with a divorce that is uncontested and amicable than to proceed with a contested divorce. An uncontested divorce is one in which you are able to resolve all of the issues through a Separation Agreement or Marital Settlement Agreement.  If you settle all of the issues then once you have been separated for either six months (if the separation is mutual and voluntary) or one year (if the separation is not mutual) you are able to file for a simple uncontested divorce.  This keeps the decision-making in your hands instead of with a Judge.  You also may start out without the issues settled and end up settling them through  negotiations with your spouse directly; between your attorneys; or through mediation.

It is best to have a Separation Agreement or Marital Settlement Agreement so you can file for an Uncontested Divorce.

If you are able to arrive at a settlement of all the issues arising from your marriage, such as division of your marital assets and debts and custody and child support for your children if you have children, then it is important to have a written Separation Agreement or Marital Settlement Agreement in place. This Agreement is a contract between you and your spouse that clearly spells out how you are resolving the issues so you can move forward in your lives.  Then the divorce process is uncontested and very simple.

The process of filing for an Uncontested Divorce is easy as long as you have an Agreement settling all the issues.

  • You need to meet a residency requirement to file in DC.  In order to file for an Uncontested Divorce in DC either you or your spouse must have lived in Washington, DC continuously for at least six months before you file.
  • If either of you have lived in the District of Columbia for six months and you have been separated mutually and voluntarily you are able to file six months after your separation date. If the separation is not mutual and voluntary then you must wait one year from the date of your separation to file.
  • You can be separated even if living under the same roof as long as your separation is continuous.
  • If you and your spouse cooperate in signing and filing the divorce documents your hearing date will be set when you file your case with the court.

The Uncontested Divorce hearings are short and are being held virtually. However, you must be certain you have all the issues in your situation settled in order for the Judge to grant your divorce.

To help you understand and navigate the Uncontested Divorce process and to decide whether you should have a Separation Agreement or Marital Settlement Agreement it is best to speak with a DC Divorce lawyer.

 

 

How To Negotiate a Separation Agreement | Tips and Strategies for a Smooth and Fair Settlement in DC

By Carolyn Goodman

Keeping the process of negotiating a Separation Agreement amicable.

If you and your spouse are able to keep things reasonably friendly, you can negotiate the terms of a Separation Agreement (also called a Marital Settlement Agreement or Separation and Property Settlement Agreement). This Agreement is a legal document that outlines the terms of your divorce settlement.

Whether you and your spouse negotiate the terms yourselves or with attorneys, you need the advice of an attorney who can discuss:

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4 Things You Need to Know About Joint Custody in Washington, DC

By Carolyn Goodman

What Does Joint Custody Mean in Washington, DC?

Even though there is a presumption of joint custody in Washington, DC this does not mean that joint custody is automatic.

1. There are two types of joint custody: joint physical custody and joint legal custody.

  • Physical Custody refers to which parent the children are with and which home the children will be sleeping in at night.
  • Legal Custody refers to decision-making about major issues in your child’s life, such as, education; non-emergency medical decisions; vaccinations; mental health choices; right to relocate; and religion.

There is no guarantee that the division of time will be 50-50 between you and the other parent.

2. Your child’s best interests are the primary considerations in determining whether there should be joint custody in DC.

There are many factors that are considered in determining what is in the best interests of a child for both physical and legal custody.

A few of the factors that are considered are:

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DC Divorce-What You Need to Know About Dividing Property

By Carolyn Goodman

Understanding the difference between Separate Property and Marital Property will help you in dividing all of your property in a DC Divorce.

It may be a surprise to learn that all property acquired after you marry is considered “marital property,” even if you have bank accounts, investment accounts, cars, etc. titled in your sole name. The exceptions to this include inheritance and gifts received during your marriage that are generally considered separate property. However, this can be complicated, so it is best to discuss with a DC Divorce attorney to understand your specific situation.

Do you have a Prenuptial or Postnuptial Agreement that resolves most property issues?

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What You Need to Know About DC Prenuptial Agreements

By Carolyn Goodman

Understanding what a DC Prenuptial Agreement includes can be helpful in deciding if having one is right for you and your partner.

When you are planning to be married you may feel uncomfortable bringing up the topic of a Prenuptial Agreement with your partner/ fiancé. However,  if you think about this topic as part of a positive conversation related to your “financial marriage” it can be a very good discussion the two of you can have in advance or your actual marriage. This can lead to less stress during your marriage.

You have the emotional part all set – after all, you have decided to get married!

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What You Need to Know About DC Separation Agreements & Divorce

By Carolyn Goodman

Guide to DC Separation Agreements

There is a specific period of time you must be separated before you can file for divorce in DC. You have to be separated continuously (even if separated under the same roof), either mutually and voluntarily for six months or one year if the separation is not mutual and voluntary.

However, there is no required period of separation to begin working on an out of court divorce settlement. You can begin working on a settlement as soon as the day after you separate. You may not be emotionally ready to do so, but you do not have to meet any specific period of separation in order to begin the process.

Whenever you are ready to do so you can begin.

Negotiating a DC Separation Agreement

It is therefore best to first try to reach an out of court settlement of the issues before filing for divorce in DC. If you are able to reach a negotiated settlement, then filing for divorce is quicker, less expensive, and in the end hopefully less stressful. You are able to maintain control over your life if you are able to negotiate an agreement rather than leaving a resolution up to a Judge who does not personally know you, your spouse, or your specific situation. A negotiated settlement can also lead to a more amicable outcome so you and your spouse may be able to move forward in a friendlier way. This is particularly helpful if you have children together.

If you are able to reach an out of court settlement, your divorce is scheduled on the Uncontested Divorce calendar for a simple hearing.

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Developing a Parenting Plan for Child Custody in DC

By Carolyn Goodman

Navigating Child Custody in a DC Divorce

When you are thinking about separating from your spouse or have already separated and you have children, your main concern is usually how to best navigate the situation with the least impact on the children.

What is a Parenting Plan?

A Parenting Plan is a written Agreement that spells out the time-sharing schedule for your children; how decisions will be made about issues affecting the children; how disputes between parents will be resolved; and defines the responsibilities of each parent as you move forward to co-parent your children.

Negotiating a custody and parenting plan so that you and your spouse can co-parent your children in an amicable way is best for the children.

Remember that the needs of you and your spouse may take a backseat to the needs of your children.

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Questions And Answers

Your current situation has probably generated many questions. Here are some short answers to questions you may have about Divorce, Separation Agreements, Property Division, Child Custody and more.

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