Carolyn Goodman

Attorney At Law

What You Need to Know About Uncontested Divorce in Washington, DC

By Carolyn Goodman

How To Get an Uncontested Divorce in DC?

It is always best to attempt to move forward with a divorce that is uncontested and amicable than to proceed with a contested divorce. An uncontested divorce is one in which you are able to resolve all of the issues through a Separation Agreement or Marital Settlement Agreement.  If you settle all of the issues then once you have been separated for either six months (if the separation is mutual and voluntary) or one year (if the separation is not mutual) you are able to file for a simple uncontested divorce.  This keeps the decision-making in your hands instead of with a Judge.  You also may start out without the issues settled and end up settling them through  negotiations with your spouse directly; between your attorneys; or through mediation.

It is best to have a Separation Agreement or Marital Settlement Agreement so you can file for an Uncontested Divorce.

If you are able to arrive at a settlement of all the issues arising from your marriage, such as division of your marital assets and debts and custody and child support for your children if you have children, then it is important to have a written Separation Agreement or Marital Settlement Agreement in place. This Agreement is a contract between you and your spouse that clearly spells out how you are resolving the issues so you can move forward in your lives.  Then the divorce process is uncontested and very simple.

The process of filing for an Uncontested Divorce is easy as long as you have an Agreement settling all the issues.

  • You need to meet a residency requirement to file in DC.  In order to file for an Uncontested Divorce in DC either you or your spouse must have lived in Washington, DC continuously for at least six months before you file.
  • If either of you have lived in the District of Columbia for six months and you have been separated mutually and voluntarily you are able to file six months after your separation date. If the separation is not mutual and voluntary then you must wait one year from the date of your separation to file.
  • You can be separated even if living under the same roof as long as your separation is continuous.
  • If you and your spouse cooperate in signing and filing the divorce documents your hearing date will be set when you file your case with the court.

The Uncontested Divorce hearings are short and are being held virtually. However, you must be certain you have all the issues in your situation settled in order for the Judge to grant your divorce.

To help you understand and navigate the Uncontested Divorce process and to decide whether you should have a Separation Agreement or Marital Settlement Agreement it is best to speak with a DC Divorce lawyer.

 

 

How To Negotiate a Separation Agreement | Tips and Strategies for a Smooth and Fair Settlement in DC

By Carolyn Goodman

Keeping the process of negotiating a Separation Agreement amicable.

If you and your spouse are able to keep things reasonably friendly, you can negotiate the terms of a Separation Agreement (also called a Marital Settlement Agreement or Separation and Property Settlement Agreement). This Agreement is a legal document that outlines the terms of your divorce settlement.

Whether you and your spouse negotiate the terms yourselves or with attorneys, you need the advice of an attorney who can discuss:

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4 Things You Need to Know About Joint Custody in Washington, DC

By Carolyn Goodman

What Does Joint Custody Mean in Washington, DC?

Even though there is a presumption of joint custody in Washington, DC this does not mean that joint custody is automatic.

1. There are two types of joint custody: joint physical custody and joint legal custody.

  • Physical Custody refers to which parent the children are with and which home the children will be sleeping in at night.
  • Legal Custody refers to decision-making about major issues in your child’s life, such as, education; non-emergency medical decisions; vaccinations; mental health choices; right to relocate; and religion.

There is no guarantee that the division of time will be 50-50 between you and the other parent.

2. Your child’s best interests are the primary considerations in determining whether there should be joint custody in DC.

There are many factors that are considered in determining what is in the best interests of a child for both physical and legal custody.

A few of the factors that are considered are:

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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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What You Need to Know About DC Separation Agreements & Divorce

By Carolyn Goodman

Guide to DC Separation Agreements

There is a specific period of time you must be separated before you can file for divorce in DC. You have to be separated continuously (even if separated under the same roof), either mutually and voluntarily for six months or one year if the separation is not mutual and voluntary.

However, there is no required period of separation to begin working on an out of court divorce settlement. You can begin working on a settlement as soon as the day after you separate. You may not be emotionally ready to do so, but you do not have to meet any specific period of separation in order to begin the process.

Whenever you are ready to do so you can begin.

Negotiating a DC Separation Agreement

It is therefore best to first try to reach an out of court settlement of the issues before filing for divorce in DC. If you are able to reach a negotiated settlement, then filing for divorce is quicker, less expensive, and in the end hopefully less stressful. You are able to maintain control over your life if you are able to negotiate an agreement rather than leaving a resolution up to a Judge who does not personally know you, your spouse, or your specific situation. A negotiated settlement can also lead to a more amicable outcome so you and your spouse may be able to move forward in a friendlier way. This is particularly helpful if you have children together.

If you are able to reach an out of court settlement, your divorce is scheduled on the Uncontested Divorce calendar for a simple hearing.

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Developing a Parenting Plan for Child Custody in DC

By Carolyn Goodman

Navigating Child Custody in a DC Divorce

When you are thinking about separating from your spouse or have already separated and you have children, your main concern is usually how to best navigate the situation with the least impact on the children.

What is a Parenting Plan?

A Parenting Plan is a written Agreement that spells out the time-sharing schedule for your children; how decisions will be made about issues affecting the children; how disputes between parents will be resolved; and defines the responsibilities of each parent as you move forward to co-parent your children.

Negotiating a custody and parenting plan so that you and your spouse can co-parent your children in an amicable way is best for the children.

Remember that the needs of you and your spouse may take a backseat to the needs of your children.

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Tips from a DC Divorce Attorney: Negotiating a Separation Agreement with Your Spouse

By Carolyn Goodman

Finding the Right DC Divorce Attorney to Help You Negotiate Your Divorce or Separation Out of Court

If you are thinking about separating or have already done so, reaching a negotiated DC divorce settlement is usually a better approach than seeking the court’s assistance to decide on a resolution of the issues. You maintain control over the outcome, and you and your spouse can each have a say in what you want in a settlement.

Negotiating a settlement agreement is less expensive and usually shorter than the court process.

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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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Do I Need a Separation Agreement in DC?

By Carolyn Goodman

Reasons Why You Should Have a Separation Agreement in DC

If you are thinking about separating from your spouse, it is a good idea to contact a Washington, DC Divorce lawyer to discuss whether a Separation Agreement (also called Separation and Property Settlement Agreement or Marital Settlement Agreement) is right for your situation.

Whether your situation is complicated and there is very little agreement on the issues or it seems simple, a Separation Agreement may still be a good option for you.  It can provide protection for so your financial assets and can establish a parenting plan for your children. A consultation with a DC Divorce lawyer will assist you in deciding if a written agreement between you and your spouse would be helpful in your situation.

What is a Separation Agreement?

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Wedding Boom Causes an Increase in DC Prenuptial and Postnuptial Agreements

By Carolyn Goodman

I was recently featured in the Washington Post regarding the wedding boom in Washington, DC, and the need for more prenuptial and postnuptial agreements.

…To keep up, wedding singers are booking three ceremonies a day. Venues are scheduling receptions every day of the week, including Mondays. And attorneys are working overtime to hammer out prenuptial agreements.

“I’m getting calls saying, ‘I’m getting married in 2 weeks, how soon can we get this done?’ ” said Carolyn Goodman, a lawyer in Washington, D.C., who is seeing brisk demand for pre- and postnuptial agreements. “After two years of uncertainty, people want to have some control over their lives.”

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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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