Attorney At Law
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:
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.
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.
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.
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.
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.
There are many other reasons you may want to consider a Prenuptial Agreement.
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.
There are many ways to determine who will have custody of your children when going through a separation or divorce in DC.
There is a distinction between physical custody and legal custody.
You and your spouse can negotiate any type of custody arrangement as long as your child’s best interests are served. It is best if both you and your spouse have continuing contact with your child.
However, before you can file for divorce in DC, you must be sure that all of the issues between you and your spouse are settled. Otherwise, you will have to file for divorce and go through the process as if the divorce is contested. This process is longer and more expensive than filing for an Uncontested Divorce in DC.
Once you have settled all the outstanding issues with your spouse through a Separation Agreement, such as:
First, you must meet the residency requirement. This says that one of you must have been a continuous resident of DC for six months before you file for divorce.
It is a good idea to have a Separation Agreement in place.
You are not required to have a Separation Agreement. However, it is a good idea to have one if you have any issues that remain unresolved with your spouse.
This will help you avoid a lengthy court process in which the Judge will have to decide things for you.
Verbal agreements between you and your spouse will not be enforced by the court. Only written agreements that are signed by both of you in the presence of a notary can be enforced.
A Separation Agreement, sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the agreement.
An agreement will clearly spell out the benefits you are entitled to and the obligations you have.
A Separation Agreement resolves all the issues and in doing so protects you and your spouse for the future. It answers questions such as: