Can I get spousal support in DC?
A common concern people have when contacting me is whether or not they will receive alimony, also referred to as spousal support.
Can I Get a Divorce in DC if I Wasn’t Married there?
People often ask me if they can file for divorce in DC if they were married in a different state.
The answer is Yes.
Residency requirements for a DC divorce:
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.
What You Need for an Uncontested Divorce
What is an uncontested divorce?
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.
DC Postnuptial Agreement or Prenuptial Agreements to Protect Inheritance
How to Protect Inheritance from Divorce: Prenuptial or Postnuptial Agreements in DC
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 DC Divorce
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?
What Happens to Inheritance in Divorce? Ask a DC Divorce Lawyer
Finding the Right DC Divorce Lawyer to Help Protect Your 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.
Separate vs. Marital Property
If are thinking about a divorce or separation in Washington, DC, it’s important to understand the difference between separate and marital property.
Speak with a DC divorce lawyer to explain your options so you can make an educated decision about what qualifies as separate vs. marital property in your situation and how to proceed.
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.
Does One of Us Need to Move Out to Separate?
Learn Your Rights in a DC Separation
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.
Washington, DC Prenuptial Agreements
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.
How Much Does a Prenup Cost?
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