I was interviewed by the Washington Times regarding the sale of a marital home during a divorce.
You can read the article here: http://www.washingtontimes.com/news/2012/feb/9/cover-story-divorce-caused-sales-carry-own-conside/
Same-Sex Divorce
I have received numerous calls from people who were married in DC and are in a same-sex marriage, but, neither party currently lives in DC.
Usually, in order to file for divorce in DC one of the parties must have been a resident of DC for at least six months prior to filing for divorce.
The law has been changed for same sex couples:
DC Prenuptial Agreements and Postnuptial Agreements
Can we make an agreement that everything that we own separately will remain our separate property?
The answer is Yes. In prenuptial and postnuptial agreements, many people base the division of property on how property is titled.
Divorce and Alimony in Washington DC
A common concern people have when contacting me is whether or not they will receive alimony, also referred to as spousal support
Either person in a marriage can request alimony and it may be paid for a very specific period of time or it can be paid indefinitely. Sometimes it is paid on a temporary basis to help a person get back on their feet during the divorce process.
It is something that can be agreed to by you and your husband or wife. It can also be granted by a court if you are involved in a court case. However, it is not granted lightly by the court.
The Judge who hears a case involving alimony looks at many different factors in deciding whether it is fair to award alimony in a specific situation.
Can You Divorce In DC If You Were Married Elsewhere?
People often ask me if they can be divorced in DC if they were married outside DC.
The answer is Yes.
You can file for divorce in DC as long as you have been OR your husband or wife has been a resident of DC for at least six months continuously prior to filing. Only one of you needs to be a resident of DC in order to file.
In addition, you must have been living separate and apart continuously for at least six months if you both agree to the divorce. Otherwise you have to wait to file until you have been separated for one year.
DC Uncontested Divorce
Even though you and your spouse are ready to file for divorce and agree as to how you will settle all the issues in your marriage, you may still need to have a Separation Agreement.
This Agreement is a contract between you and your spouse that settles everything related to your property, your retirement accounts, your children, issues of support, etc.
Once the Agreement is signed, you can then file for an Uncontested Divorce as long as you have met the required separation period.
Uncontested Divorce in Washington DC
An uncontested divorce is one in which both you and your spouse agree to the divorce and there are no issues in dispute.
Does it matter if you or your spouse files for the divorce? The answer is no.
Either one of you may file, however, the person who files (the plaintiff) will have to attend a short hearing.
Washington DC Prenuptial Agreements
Many people call and tell me that they will be inheriting money or other property and want to protect it in the event they get divorced.
Usually inherited money or property is considered separate property and is not divided if you separate and/or divorce. However, many times a person who inherits money or property puts that money into a new home or other property bought during the marriage.
Return to Maiden or Previous Name After Divorce
Many women wish to return to their maiden/birth-given names during the divorce process.
In District of Columbia divorce proceedings, it is very simple to complete the name change process. You must simply request a return to your maiden name or birth-given name in the DC divorce papers.
This allows for a simple court-ordered name change without the expense of filing a separate case requesting a name change which requires publication in a newspaper.
Remember to ask your attorney about including this request in the documents that are filed with the court. This will save a great deal of money and time later.
Division of Property For Inherited Property or Gifts
A common concern among people separating is what will happen to money or property they inherited or were given before they were married or during the time they were married.
As long as the property or funds remain separate and separately titled during the marriage and are not commingled (mixed) with marital funds or property, the inherited or gifted money or property will remain separate and will not be divided when you separate or divorce.