Attorney At Law
There is no requirement to be separated for a specific period of time to work on a Marital Settlement Agreement. You can start work on settling the issues resulting from your marriage as soon as you separate (even if under the same roof).
It is best for both you and your spouse to reach a settlement if possible and file for a simple Uncontested Divorce in Washington, DC. Be aware that even though you and your spouse may have kept all of your finances separate, such as your bank accounts, retirement accounts, and credit card accounts, the balances may still be considered marital property and/or marital debt. This can be confusing. It is a common assumption that if everything you have is separately titled and you have no joint accounts that you each leave your marriage with what is in your sole name.
The law looks at property differently.
When you decide to separate, and there are children involved, it is best to have an agreement for a temporary schedule for custody and parenting plans in DC. It is best to have a plan in place before each parent has a separate residence so you each know when you will see your children and when you are solely responsible for their care. This is in everyone’s best interest, especially for your children to know where they will be each day. This is important even for very young children.
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 IN DC: 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.
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:
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 Separation Agreement, also known as 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.
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 DC 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.
It is important to first decide whether your DC 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.
…Making things worse, from 2007 to 2014 the median U.S. rent increased by about 4 percent, from $901 to $934, says Apartment Lists’ Andrew Woo, while renters’ incomes have fallen by 14 percent. Rent is 60 percent of a person’s average wage and rising in top markets such as Washington, D.C., New York City and parts of Northern California, according to RealtyTrac. In the Washington area, for example, women earn an average of $61,718, versus $68,932 for men, according to the National Partnership for Women and Families. In Washington, the average rent for a two-bedroom apartment is $3,130, a level “that’s unsustainable without other income sources,” such as spousal and child support, Woo says.
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 DC.