Carolyn Goodman

Attorney At Law

Moving From Your Home After A Divorce

By Carolyn Goodman

This is an article that appeared 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 in DC.

…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.

These high housing rates play into uneven outcomes during divorce. “While not a lot of people go from a big house to a big house, in most cases, the higher wage earner ends up in the better neighborhood and house. This puts the kids in two different situations,” says Carolyn Goodman, a family lawyer in the Washington area who negotiates joint settlements to save costs. (She says the dynamic in same-sex relationships is similar.)

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Filing for An Uncontested Divorce in DC

By Carolyn Goodman

What is an Uncontested Divorce in DC?

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.

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DC Divorce and DC Prenuptial Agreements

By Carolyn Goodman

Enjoy listening to a recent SiriusXM 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.

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DC Cohabitation Agreements

By Carolyn Goodman

Do I Need a DC Family Law Attorney for a Cohabitation Agreement?

Photo of DC Cohabitation Agreements

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.

An Experienced DC Family Law Attorney Can Help Protect Your Assets

A DC 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.

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What Happens To Retirement In Divorce?

By Carolyn Goodman

A DC Divorce Lawyer Can Help You Protect Your Retirement in 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 have a Divorce Lawyer in DC explain your options so you can make an educated decision about what is best in your situation.

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Divorce and Separation Agreements

By Carolyn Goodman

The Purpose of a Separation Agreement in DC

When you and your spouse make the decision to separate and/or divorce in DC, if you have children, their welfare is one of your major concerns.

If you choose to resolve things amicably, hopefully, this will lead to a negotiated DC Separation Agreement. You can tailor specific provisions in your Agreement to determine custody and separate access schedules so that both you and your spouse will have regular access/visitation time with your children.

Moving forward and getting beyond the difficulties and resentments between you and your spouse so you can focus on the best interests of your children can be very emotionally challenging.

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Divorce and Child Support in DC

By Carolyn Goodman

As part of many divorce cases, child support in DC is an issue of concern for many people.

DC Child Support Services include budget planning

I am asked often, “Will I be able to pay my own bills along with paying child support?”

In DC child support is determined by applying a child support guideline that takes a number of factors into account when determining the appropriate amount of child support that should be paid.

The guideline was designed so that both parents share the responsibility for the support of their child or children.

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Do I Need A Divorce Lawyer?

By Carolyn Goodman

As a Washington, DC divorce lawyer, a question I often hear is “Do I need a divorce lawyer?”

Even if you and your spouse agree on how to settle all the issues in your marriage, it is still very important that you be aware of all of your rights in order to protect yourself in the future.

It is best to have an attorney advise you as you negotiate a settlement with your spouse or have an experienced DC divorce lawyer negotiate a settlement on your behalf. It is in your best interest to have an attorney draft a Separation Agreement for you.

This will help you in the future because you will then be sure that all issues are taken care of and that nothing will crop up in the future that will cause disagreements between you and your spouse.

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DC Prenuptial Agreement and DC Postnuptial Agreement

By Carolyn Goodman

Photo of condominium building

Whether you call it a Prenuptial Agreement, a Prenup, or a Premarital Agreement, it is a contract between you and your future spouse that determines your financial rights and obligations if your marriage ends as a result of divorce or death.

Talking about a Prenuptial Agreement helps you and your fiancé openly discuss how you and your fiancé will handle your finances during your marriage.

It is best to discuss these issues as far in advance of your wedding as possible. You do not want to be talking about who pays for what and who will have ownership of which bank account when it is time to be talking about the menu for your wedding day.

If you decide that it is too close to your wedding date to start the conversation about a Prenuptial Agreement, you can wait and agree to work on a Postnuptial Agreement. It is a similar document that is signed after you are married.

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How is Property Divided in a DC Divorce or Separation?

By Carolyn Goodman

A concern for anyone going through a separation or divorce is how the property, bank accounts, and other assets you have will be divided when you separate.  The first step in the process is figuring out whether the property you have is marital property or separate property.

Marital property usually includes the assets and debts you acquire during your marriage — It does not matter how something is titled.

If it accumulated during your marriage, it is marital property.

If it is a debt that accumulated during the marriage, it will be considered marital debt.  An example of marital property that surprises many people is a retirement account that is separately titled. The portion of the retirement funds that accumulated during the marriage will be considered marital property. How the account is titled does not matter as long as the funds were acquired during the marriage.

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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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