Carolyn Goodman

Attorney At Law

Do I Need A Divorce Lawyer?

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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 attorney 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

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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?

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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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Same-Sex Divorce In DC

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The procedure for a same sex divorce in DC is the same as for any divorce in DC.  If there are any issues to be resolved such as division of property or other marital assets, custody, division of debts, etc., it is best to have a DC divorce lawyer draft a Marital Settlement Agreement to protect you.

You can file for a same sex uncontested divorce in Washington, DC if you meet the following requirements:

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Legal Separation in DC

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Many people ask me whether they need a Legal Separation. It is important to understand what a Legal Separation is before you decide if it is necessary.

The main difference between a Legal Separation and a Divorce is that when the proceeding is over, you will still be married to your spouse.

A Legal Separation is a court proceeding but it does not dissolve your marriage. Only a divorce ends your marriage and gives you the freedom to remarry. You are not free to remarry if you are legally separated.

In a Legal Separation proceeding, the court may order spousal support, child support, and may divide marital property.

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Can I Do A Prenuptial Agreement Myself?

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It is best to understand what a Prenuptial Agreement is in order to see that it is best to have the advice of a family lawyer to assist you.

A Prenuptial Agreement 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. It is also a useful tool for creating a financial plan to use during your marriage.

You can make agreements regarding how to handle your finances during your marriage and create peace of mind for each of you so you can avoid disputes.

Every situation is unique and it is best to have an experienced legal advisor to help you though the process.

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Do I Need a Lawyer For A Separation Agreement?

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Sometimes people call and tell me that they have been thinking about using an online service to prepare their Separation Agreement and they want advice as to whether or not an attorney is really necessary.  

Usually, people think about this option because they are hoping to save money.

While there is no legal requirement that you have a lawyer, it is important to consider that when you sign an Agreement you are legally binding yourself to the terms.

It is extremely important to understand the issues that should be included in a Separation Agreement and to understand exactly what you are agreeing to.

It is very difficult to use a generic Agreement without understanding all the issues that must be resolved when you end your marriage.

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What is the Difference between a Divorce and an Annulment in DC?

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I receive calls from people asking if they can get an Annulment, often because they have not been married very long.

Annulments are very uncommon in DC. An Annulment is a ruling from the court that your marriage was not valid.

It is as if the marriage never took place. This is different from a Divorce which ends your marriage, but your marriage is still considered valid.

To seek an Annulment in DC, there is no residency requirement if your marriage was performed in DC.

This means that you can file for an Annulment if your marriage was performed in DC but you do not live in DC. You can also file in DC if one of you lives here but were married outside DC.  To file for Divorce in DC, there is a residency requirement.

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Is A Prenuptial Agreement Necessary?

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Whether or not to have a Prenuptial Agreement, commonly called a Prenup, is an individual decision.  Sometimes people tell me their parents have asked them to have one prepared because they will be receiving a sizable inheritance one day and want it to be protected.  What is clear is that a Prenuptial Agreement is not just for wealthy people or people with children from a previous marriage who are marrying again.  It is commonly being used by young people getting married for the first time.  If your marriage does end, having a Prenuptial Agreement will help to reduce the emotional and financial strain of a divorce.

There are many reasons why you may want to have a Prenuptial Agreement.

  • You may own a house or condo, a retirement account, a stock portfolio, or part of a business, or own a rental property and want to protect it.  You may be the beneficiary of a trust set up for you by your family.
  • You may be receiving an inheritance in the future or part of a family owned business and want to be sure that it will remain your separate property.
  • You may be helping pay for schooling for your future spouse and want to be certain you are not responsible for student loan debt if the marriage does not work out.
  • You may have children from a previous marriage and want to be sure they are protected.

There are many other reasons you may want to consider a Prenuptial Agreement.

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Why Is It Important To Have A Separation Agreement?

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I receive many calls from potential clients who tell me that they are ready to file for an Uncontested Divorce.

When I ask some basic questions regarding property and retirement accounts, sometimes it becomes clear that it would be best to prepare a Separation Agreement so that all potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are resolved prior to filing for divorce.

It is also a very good idea to have a Separation Agreement even if you are separating and are not sure if you will end up filing for divorce.  You need to be protected so that you are not arguing over every issue that may arise.  An Agreement will resolve the issues so you can move on with your life without constant disagreements.

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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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