Carolyn Goodman

Attorney At Law

Divorce and Separation Agreements in Washington DC

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Many people ask me whether I can represent both parties in a divorce.

The answer is NO.

It is unethical and is a conflict of interest for one attorney to provide advice to both parties whether it is a friendly situation or not.

In a case where things are relatively friendly, many times I prepare a Separation Agreement based on what my client and his or her spouse have agreed upon. It is then up to my client’s spouse to decide if he or she wants to retain an attorney to review the draft Agreement.

It is always best for each person to have his or her own attorney to provide advice and answer questions. But, it is up to each person independently.

Same-Sex Divorce

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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:

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Divorce and Alimony in Washington DC

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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.

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Can You Divorce In DC If You Were Married Elsewhere?

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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.

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DC Uncontested Divorce

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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.

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Washington DC Prenuptial Agreements

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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.

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Return to Maiden or Previous Name After Divorce

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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.

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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