Carolyn Goodman

Attorney At Law

Can You Divorce In DC If You Were Married Elsewhere?

By Carolyn Goodman

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

By Carolyn Goodman

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

By Carolyn Goodman

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

By Carolyn Goodman

How to Legally Change Your Name in a Washington, DC 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.

Do You Need an Attorney to Help Change Your Name in a DC Divorce?

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

By Carolyn Goodman

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.

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Must One Person Move Out Of The Home To Separate?

By Carolyn Goodman

It can be difficult financially to maintain two households while you are going through a separation.

I am often asked whether you can separate in DC under the same roof and still be considered separated for the purpose of filing for divorce. The answer is yes-if you truly live separate and apart.

You must be living completely separate lives. This means that you do not share meals or a bedroom. It also means that you are each cooking for yourselves, doing your own laundry and not going out together to social events.

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DC Prenuptial Agreements

By Carolyn Goodman

People who call my office ask me quite often whether they should have a Prenuptial Agreement or a “Prenup” in DC

The information below will give you some basics about what is included in a prenuptial agreement.

A Prenuptial Agreement in DC or Premarital Agreement, sometimes called a “Prenup” is an agreement entered into before you marry.

It is an agreement in which you and your fiancé can set forth what will happen to your separate assets and debts and your joint (marital) assets and debts, in the event your marriage ends, either in divorce or death.  It is a contract that cannot be forced upon your future spouse or signed under duress.

Your fiancé must have adequate time to review the agreement and consult a Washington, DC family law attorney to be sure the provisions are understood.

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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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