Carolyn Goodman

Attorney At Law

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?

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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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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.

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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.

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Ask a DC Divorce Lawyer: What Happens to the House in a Divorce?

By Carolyn Goodman

As a DC divorce lawyer, a common question people ask me during a divorce or separation is, “What will happen to my home?”

This can be a very emotional issue. The home may be associated with both pleasant memories and sad memories. There are several options to consider when it comes to the ownership of your Washington, DC home during divorce or separation, and it is very important to discuss the various possibilities with your DC divorce lawyer.

There is equity in your home as well as debt. Home equity is the difference between the market value of your home (what you could sell it for) and the amount you owe on your home (your mortgage, line of credit, home equity loan, etc.).

How an experienced DC divorce lawyer can help:

It is very important you know the options available to you. A qualified divorce lawyer will walk you through the options you should consider, such as: 

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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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