Carolyn Goodman

Attorney At Law

Understanding DC Legal Separation and Divorce

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Understanding Legal Separation and Divorce in DC

I am asked often by potential clients whether they should file in the court immediately rather than try to settle separation and divorce issues out of court. In other words:

TO FILE OR NOT TO FILE:  THAT IS THE QUESTION!

It is always best if you can reach a settlement related to the issues arising out of your marriage.

Filing a court case before you have attempted to settle the issues out of court is more expensive, time-consuming, and a more emotionally difficult path to reaching a resolution.

If you have children that you will be co-parenting with your spouse after your separation or divorce is completed,  it is much better to attempt to reach a Separation and Property Settlement Agreement (Marital Settlement Agreement) that includes a Parenting Plan and Custody Schedule.  Once your attorneys are no longer helping you each step of the way you still need to try to work with your spouse in a calm way to co-parent your children.

It is a usually a better outcome to try to reach an amicable resolution since you will be transitioning your children between your homes, seeing each other at events such as sports games, school plays and concerts, graduations, and the like.  It is best for your children not to witness constant conflict between you. It is also better for both of you.

If you do not have children you still want to be able to move on with the least stress possible.

Sometimes court is unavoidable but there are many ways to attempt to resolve the issues between you first without the court’s help.  It is always best to have the advice of a DC Divorce lawyer as you navigate this process. It can be overwhelming and it is best to have advice so are aware of your rights and do not waive rights simply because you do not know what you are entitled to.  The cost of this legal advice is invaluable.

Once you have advice you and your spouse can work together if you are able and then have an Agreement drafted by a divorce lawyer, you can attend mediation (usually it is best to have a family law/divorce attorney advise you through mediation or you can each be represented by your own lawyer and the two attorneys will attempt to negotiate a resolution.  Then, a Separation Agreement/Marital Settlement Agreement will be drafted and you will have a written contract to settle your differences.

Settling out-of-court gives you both the ability to have major input into the outcome of your own family situation.  Once you are in the court system you are subject to numerous court hearings and if you are unable to arrive at a resolution a Judge will decide for you.

If you are able to reach a settlement, if you choose to then proceed to a divorce, you can do so in a very easy manner through an Uncontested Divorce.  This is a quick and easy process but you can only do so if you have settled all of the property, support, and custody issues.

Before deciding the best method to reach a resolution it is best to consult with a family lawyer/divorce lawyer to talk through your situation.  Then you will have the legal advice you need to adequately determine how to move forward.

What is the Difference Between An Uncontested And A Contested Divorce?

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It is important to understand the difference between an Uncontested Divorce and a Contested Divorce in DC.

An Uncontested Divorce is one in which all issues arising out of your marriage have been settled and there are no outstanding areas of disagreement between you and your spouse.

A Contested Divorce is one in which you are unable to reach an agreement as to all issues either on your own or with the assistance of a family law or divorce lawyer.

Uncontested Divorce In DC

An Uncontested Divorce in the District of Columbia moves through the court system in a much quicker fashion than a Contested Divorce. It is also much less costly for both you and your spouse. To file for an Uncontested Divorce in DC, all issues between you and your spouse must be resolved, which covers issues related to any property you have including:

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DC Divorce: Who Gets the Dog?

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Pet CUstody During Separation or Divorce

Often pets become an issue when you separate.

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 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?

These are all important questions and can become a source of additional stress when you separate.  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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Uncontested Divorce in DC

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I am contacted often and asked how to file for an Uncontested Divorce in DC. It is important to first decide whether your divorce is truly uncontested.

Even though you and your spouse may be friendly and everything is amicable, if you have any assets that accumulated during your marriage, even if you have kept most or all of your finances separately titled, you may still need to have a Separation and Property Settlement Agreement (Marital Settlement Agreement) to be sure you are protected in the future.

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Filing for An Uncontested Divorce in DC

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An Uncontested Divorce is one in which you and your spouse have resolved all issues in your marriage, for example, a division of your property, child support and custody or a parenting plan, division of retirement plans, etc. If you have worked out the various issues, it is important to have a written Agreement drafted that indicates how everything will be settled.  All potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are then resolved prior to filing for divorce.

If you do not have a written Agreement, you may not be able to proceed with a simple uncontested divorce. In order to file for an Uncontested Divorce and attend a simple hearing, you must be able to show that all property and other rights are settled.

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DC Divorce and DC Prenuptial Agreements

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Enjoy listening to a recent radio interview in which I speak about a variety of family law issues such as DC Divorce and DC Prenuptial Agreements.

I touch on topics such as DC Uncontested Divorce, DC Contested Divorce, DC Prenuptial Agreements, and an assortment of other issues, including information about documents to have in place before you marry.  There is also a discussion about negotiating settlements rather than spending a great deal of family funds on going to court where you may lose control of the outcome of your situation.

There is also a discussion about having a Prenuptial Agreement in place so you can work out how you will deal with your family finances once you are married.  In addition, the interviewer suggested that it is best to speak with a family lawyer/divorce attorney so you know what your rights are and what documents you should have.

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What Happens To Retirement In Divorce?

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How will your retirement be divided in your 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 understand your options so you can make an educated decision about what is best in your situation.

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Divorce and Separation Agreements

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When you and your spouse make the decision to separate and/or divorce, if you have children, their welfare is one of your major concerns.

If you choose to resolve things amicably, hopefully this will lead to a negotiated Separation Agreement.  You can tailor specific provisions in your Agreement to determine custody and separate access schedules so that both you and your spouse will have regular access/visitation time with your children.  

Moving forward and getting beyond the difficulties and resentments between you and your spouse so you can focus on the best interests of your children can be very emotionally challenging.

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Do I Need A Divorce Lawyer?

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A question I often hear is “Do I need a divorce lawyer?”

Even if you and your spouse agree on how to settle all the issues in your marriage, it is still very important that you be aware of all of your rights in order to protect yourself in the future.

It is best to have an attorney advise you as you negotiate a settlement with your spouse or have an attorney negotiate a settlement on your behalf. It is in your best interest to have an attorney draft a Separation Agreement for you.

This will help you in the future because you will then be sure that all issues are taken care of and that nothing will crop up in the future that will cause disagreements between you and your spouse.

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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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