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.

According to Washington, DC law, if it was accumulated during your marriage, it is marital property in DC.

Marital property in a DC divorce usually includes the assets and debts you acquire during your marriage — it does not matter how something is titled.

If it is a debt accumulated during the marriage, it will be considered marital debt. An example of marital property in DC 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.

Same-Sex Divorce In DC

By Carolyn Goodman

What You Need to Know: Same-Sex Couple Divorce In DC

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:

Legal Separation in DC

By Carolyn Goodman

Divorce vs. Legal Separation in DC

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 in DC, the court may order spousal support, child support, and may divide marital property.

Can I Do A Prenuptial Agreement Myself?

By Carolyn Goodman

It is best to understand what a DC Prenuptial Agreement is in order to see that it is best to have the advice of a family law attorney 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 DC family law attorney to help you through the process.

Do I Need a Lawyer For A Separation Agreement?

By Carolyn Goodman

Sometimes people call and tell me that they have been thinking about using an online service to prepare their DC 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.

What should be included in a Separation Agreement in DC?

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.

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

By Carolyn Goodman

Primary Differences Between DC Divorce vs. Annulment

I receive calls from people asking if they can get an Annulment, often because they have not been married very long. They want to know what’s the difference between annulment and divorce.

Annulments in DC are very uncommon. A marriage 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 in DC which ends your marriage, but your marriage is still considered valid.
To seek a marriage 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.

What You Need to Know About Filing For Divorce in DC

Is A Prenup Agreement Necessary?

By Carolyn Goodman

A Guide to Prenup Agreements in DC

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 DC Prenup Agreement is not just for wealthy people or people with children from a previous marriage who are marrying again. It is commonly 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.

Here are a few of the top reasons you may want to have a Prenup Agreement in DC.

Why is it Important to Have a Separation Agreement Attorney?

By Carolyn Goodman

How a DC Separation Agreement Attorney Can Help You

I receive many calls from potential clients who tell me 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, custody, etc. are resolved before you file for divorce.

It is also a very good idea to have a Separation Agreement and a qualified Separation Agreement Attorney in DC, even if you are separating and are unsure if you will file 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.

Physical Custody and Legal Custody in DC Divorce

By Carolyn Goodman

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 in DC Divorce.

Physical custody in DC refers to the living arrangements for your child, i.e. where your child eats and sleeps.
Legal custody in DC refers to the legal responsibility for your child, i.e. the decision-making related to your child’s health and medical treatment, education, and general welfare.

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.

How Do I File For Divorce in DC?

By Carolyn Goodman

Filing for divorce in DC is not a difficult process

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:

division of your marital property
custody of your children
child support
division of retirement benefits
division of debts, etc.

There are two other requirements that must be met before you can file for divorce in DC.

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.

How is Property Divided in a DC Divorce or Separation?

According to Washington, DC law, if it was accumulated during your marriage, it is marital property in DC.

Same-Sex Divorce In DC

What You Need to Know: Same-Sex Couple Divorce In DC

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

Legal Separation in DC

Divorce vs. Legal Separation in DC

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

Can I Do A Prenuptial Agreement Myself?

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

Do I Need a Lawyer For A Separation Agreement?

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

What should be included in a Separation Agreement in DC?

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

Primary Differences Between DC Divorce vs. Annulment

What You Need to Know About Filing For Divorce in DC

Is A Prenup Agreement Necessary?

A Guide to Prenup Agreements in DC

Here are a few of the top reasons you may want to have a Prenup Agreement in DC.

Why is it Important to Have a Separation Agreement Attorney?

How a DC Separation Agreement Attorney Can Help You

Physical Custody and Legal Custody in DC Divorce

There is a distinction between physical custody and legal custody in DC Divorce.

How Do I File For Divorce in DC?

Filing for divorce in DC is not a difficult process

There are two other requirements that must be met before you can file for divorce in DC.

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