Carolyn Goodman

Attorney At Law

How Do I Get a DC Uncontested Divorce?

By Carolyn Goodman

It is important to understand what an Uncontested Divorce in DC means.

I receive many calls from people who tell me they are ready to file for a DC Uncontested Divorce because they never had a joint account with their spouse so all the money and property is separate.  However, if you do not have a Prenuptial Agreement or a Postnuptial Agreement that indicates how your funds and other property should be divided, the law says that all assets you accumulate after you marry such as salary and retirement (and debts) may be marital even if titled separately or deposited into a separate account.

Just because you have property issues to determine does not mean you cannot file for an Uncontested Divorce in DC.

You just have toµ be sure you settle the issues before filing the divorce papers. A DC Uncontested Divorce simply means that all the issues are resolved or there were not issues to begin with.

The best way to settle all issues is to negotiate a Marital Settlement Agreement, sometimes called a Separation Agreement or Property Settlement Agreement. It’s okay if you and your spouse decide that all of your separately titled accounts, property, and debts will be separate, but it’s best to have a written Marital Settlement Agreement that indicates what your agreement is. This ensures that no questions pop up later about who owns what and whether one of you is entitled to retirement funds from the other.

Filing for a DC Uncontested Divorce is an easy process if you have a Marital Settlement Agreement that resolves any issues.

After you sign a Separation Agreement/Marital Settlement Agreement, it is a straightforward process to file for divorce. You can file immediately after completing and signing your Agreement. The most important thing you need to do is to be sure you have settled all financial and/or custody issues before you file.

It’s best to discuss these issues with a DC Divorce Lawyer so you understand how to protect your interests.

What Happens To Your Business In A Divorce?

By Carolyn Goodman

No matter how a business is owned, it may be considered Marital Property in a divorce.

Whether you own a business alone, with partners, or with your spouse there are important issues to consider in determining whether the business itself is marital property. There are many things to consider depending on whether your started your business before or after your marriage and whether the business is a marital asset or whether the increase in value during your marriage is a marital asset to be divided. It is important to retain a divorce attorney to assist you as you navigate this complex issue.

What Happens to a Shared Business in a Divorce?

When you own a business or multiple businesses with your spouse this may lead to a complicated situation if you separate. Not only are you dealing with the emotional issues related to the end of your marriage….you may be concerned about how this will affect your financial situation in the future. The business is considered a marital asset that must be equitably divided. It is best if you have a Prenuptial Agreement that addresses the issues, but if you do not, you will have to find a resolution that provides financial security for both of you in the future.

You may both want to continue to work in the business, or you may feel that there is no way you will be able to work together since the issues that occurred in your marriage may lead to disagreements related to managing the business. You may decide it is best if one of you buys-out the other’s interest in the business. If you disagree about who will buy-out the interest of the other or if it is not financially feasible to do this, then the business will be sold.  You would then need to agree on the equitable division of the sale proceeds.

Whatever you decide to do or if you are having difficulty deciding which option will work for you, it is best to have the business valued by a valuation expert who may also be a certified divorce financial analyst. The expert will factor in the contributions each spouse has made to the business whether these are financial contributions or not. Once you have this information it is easier to make a decision as to the best resolution about your business.

What Happens to a Business You Own Solely or With Partners in a Divorce?

You may own a business solely or with partners, but your spouse is not involved in the business at all.  The business is still considered marital property for purposes of the equitable division of marital assets. Just as in the case of owning a business with your spouse you will need to have an expert value the business.  This will be part of the division of marital assets just as your home and bank accounts are. If you have a Prenuptial Agreement it will address the issues related to your business and if you separate the process will be much simpler and less stressful.

Your DC divorce attorney will work with you and the financial expert to attempt to find an amicable solution.

 

DC DIVORCE LAW (UPDATED 2024)

By Carolyn Goodman

 Understanding the Changes to DC Divorce Law

    There has been a major change to existing divorce law in the District of Columbia that is now the official law in the District of Columbia.

      Even though the new law removes the long-standing requirement that you have to be separated for a period of time to be able to file for divorce (six months if the separation was mutual and voluntary or one year if it was not) you need to consider what is best in your situation before filing.  Consult first with a DC divorce attorney so you know all of your options.

     Under the new law you only need to indicate that you no longer wish to be married in order to file for divorce.  In addition, it permits the filing for a Legal Separation by saying that you “intend to pursue a separate life” even if you do not intend to divorce. It also permits a Judge to award “exclusive use of a family home or other dwelling unit” to one spouse even if the home is being used as your residence no matter what you and your spouse’s interests are in the home.

     The court will also be able to consider the additional factor of  “physical, emotional, or financial abuse” by one spouse against the other when determining how to divide marital property and whether to award alimony.

     Even though you will be able to file more quickly this does not mean that you should file before you pursue an out-of-court resolution of the issues. The new law does not change the court process that is usually more expensive, more stressful, and more time-consuming than filing after you have a Separation Agreement in place.  It just permits a quicker filing.

     There are other changes in the law and it is best to consult with a DC Divorce lawyer to understand how the changes affect you in your specific situation.  You also may want to mull over your decision to separate and not file immediately. It is always best to first try to resolve all marital issues amicably out of court before filing.  The process is less expensive and you maintain control over your own life.  Then if you wish….you may file immediately after signing a Separation Agreement (Marital Settlement Agreement) under the new law.

To help you understand and navigate the divorce process and the new DC divorce law it is best to speak with a DC Divorce lawyer. You will then be able to make an informed decision about moving forward with a Separation Agreement (Marital Settlement Agreement) before using the court process to resolve the issues.

Contact me if you would like to discuss the particulars of your situation.

DC Divorce-What You Need to Know About Dividing Property

By Carolyn Goodman

Understanding the difference between Separate Property and Marital Property will help you in dividing all of your property in a DC Divorce.

It may be a surprise to learn that all property acquired after you marry is considered “marital property,” even if you have bank accounts, investment accounts, cars, etc. titled in your sole name. The exceptions to this include inheritance and gifts received during your marriage that are generally considered separate property. However, this can be complicated, so it is best to discuss with a DC Divorce attorney to understand your specific situation.

Do you have a Prenuptial or Postnuptial Agreement that resolves most property issues?

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Splitting Up Property in a DC Divorce: What You Need to Know

By Carolyn Goodman

How is Property Divided During a DC Divorce?

It is important to seek the advice of a DC Divorce Attorney to assist you in reaching a fair settlement when dividing property due to divorce.

The term “equitable division” is used in DC to describe the process of how your property will be divided when you separate or divorce. This does not necessarily result in an equal division.  This means that the division of your property and your debt should be fair to both of you. There is no set formula for reaching a fair division of assets and debts.

Key Factors in Dividing Property in a DC Divorce

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DC Divorce Lawyer: Frequently Asked Questions

By Carolyn Goodman

DC Divorce lawyer Carolyn Goodman answers questions about separation and how marital property is divided in divorce.Photo of research books that a DC Divorce Attorney might use

How long do I have to be separated to work on a Separation Agreement or Marital Settlement Agreement?

There is no requirement to be separated for a specific period of time to work on a Marital Settlement Agreement. You can start work on settling the issues resulting from your marriage as soon as you separate (even if under the same roof).

How long do I have to be separated to file for a divorce?

Updated February 2024

The waiting period to file for divorce has been eliminated.

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Uncontested Divorce in DC: How Is Property Divided?

By Carolyn Goodman

What is an Uncontested Divorce in DC?

Photo of homes in DC - Uncontested Divorce DC How is Property Divided

Understanding what an Uncontested Divorce actually is will help you as you move forward.

It is best for both you and your spouse to reach a settlement if possible and file for a simple Uncontested Divorce in Washington, DC. Be aware that even though you and your spouse may have kept all of your finances separate, such as your bank accounts, retirement accounts, and credit card accounts, the balances may still be considered marital property and/or marital debt. This can be confusing. It is a common assumption that if everything you have is separately titled and you have no joint accounts that you each leave your marriage with what is in your sole name.

The law looks at property differently.

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Who Gets the Dog in a DC Divorce?

By Carolyn Goodman

Often pets become an issue when you separate or divorce in DC.

Dog Custody Cartoon

We all love our pets, and we consider them part of our family. This can be a difficult issue when you separate from your spouse.

  • Who will get to keep the dog?
  • Who will be responsible for daily walks, feeding, vet bills, making health decisions, etc.?
  • Will I be able to see my dog if my spouse has the family dog?

Determining Pet Custody in a Separation or Divorce: DC Separation and Property Settlement Agreements

These are all important questions and can become a source of additional stress when you separate. A Separation Agreement, also known as a Marital Settlement Agreement, can include financial terms and other agreements related to the care of a pet after separation and divorce and whether or not the person who is not caring for the family pet on a daily basis still has visitation rights. You may want to consider who will be responsible for making health care decisions for your dog and whether the vet bills and dog-walking or boarding costs will be shared.

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Moving From Your Home After A Divorce

By Carolyn Goodman

This is an article that appeared in the Washington Post column “Solo-ish” in which I was interviewed about housing and the impact of moving from your home during and after a separation and divorce in DC.

…Making things worse, from 2007 to 2014 the median U.S. rent increased by about 4 percent, from $901 to $934, says Apartment Lists’ Andrew Woo, while renters’ incomes have fallen by 14 percent. Rent is 60 percent of a person’s average wage and rising in top markets such as Washington, D.C., New York City and parts of Northern California, according to RealtyTrac. In the Washington area, for example, women earn an average of $61,718, versus $68,932 for men, according to the National Partnership for Women and Families. In Washington, the average rent for a two-bedroom apartment is $3,130, a level “that’s unsustainable without other income sources,” such as spousal and child support, Woo says.

These high housing rates play into uneven outcomes during divorce. “While not a lot of people go from a big house to a big house, in most cases, the higher wage earner ends up in the better neighborhood and house. This puts the kids in two different situations,” says Carolyn Goodman, a family lawyer in the Washington area who negotiates joint settlements to save costs. (She says the dynamic in same-sex relationships is similar.)

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What Happens To Retirement In Divorce?

By Carolyn Goodman

A DC Divorce Lawyer Can Help You Protect Your Retirement in Divorce

My clients are often surprised when I tell them that their retirement assets may be considered marital property. If you accumulated the funds during your marriage, they may be divided as part of your divorce. However, you may have other marital assets to divide as well. All of your marital property will be taken into account when deciding how to deal with your retirement plans.

It is important to have a Divorce Lawyer in DC explain your options so you can make an educated decision about what is best in your situation.

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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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