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.

Washington DC Prenuptial and Postnuptial Agreements – What To Consider for Stay-At-Home Parents

By Carolyn Goodman

The financial impact on stay-at-home parents needs to be considered when negotiating a Prenuptial or Postnuptial Agreement in Washington, DC.

When one parent stays home with children, there are financial considerations to discuss so that parent is not unfairly treated in the event the marriage ends. It can be difficult to return to the workforce at the same level salary and job position if you are out of the workforce for a number of years. You might forego your career completely or you might have to return to a different level position with a lower salary than you would have had if you continued working and receiving regular promotions or income increases.

There are several issues to consider as you work toward a fair DC Prenuptial Agreement or Postnuptial Agreement. Remember that without an Agreement, assets accumulated during your marriage are treated as marital whether titled jointly or separately. With a Prenuptial Agreement, you can decide how to treat different types of assets so that both people are protected.

Since you are able to determine how you treat salaries and retirement assets along with spousal support in a DC Prenuptial or Postnuptial Agreement, you can negotiate to protect yourself if you become a stay-at-home parent.

  • You might consider treating employment income marital during periods of time when one of you is a stay-at-home parent.
  • You may want to say that retirement assets are marital assets during these period of time or that the working parent will contribute to a retirement account for the stay-at-home parent.
  • Spousal support (alimony) may be included in the event one of you stays home with the children.

There are other ways to protect a stay-at-home parent even if that parent only stays home for a short period of time. The goal is that if your married ends you do not want to be in a difficult economic situation simply because you cared for your children while your spouse worked outside your home.

How do you reach a fair agreement that protects both parents?

It is helpful to speak with a DC family lawyer who drafts DC Prenuptial Agreements so you are able to understand fully your rights and how to protect yourself so you are able to stay home with your kids while still feeling financially protected.  You can also draft a Prenup with the similar protections if you stay at home or leave the workforce to care for an elderly or ill parent.

Contact a DC family lawyer who drafts Prenuptial and Postnuptial Agreements to discuss your options even if you are not sure if one of you will ever be a stay-at-home parent. It is best to consider these protections when the Agreement is written.

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.

Do I Need a Prenup? If You Have Assets (Valuable or Not), You Should Consider It.

By Carolyn Goodman

You are recently engaged or about to be and you are wondering whether to talk about a Prenup.

You and your partner are so happy right not that you cannot imagine a day in the future that you might not want to be together. You might
think that discussing a Prenuptial Agreement and the topic of finances will hurt your relationship. In reality, a discussion about a Prenup is one of the most important things you can do. It starts a conversation about finances and other issues (such as what will happen to your dog or cat or your collection of photographs and artwork if you add to it during your marriage) that are important to talk about before you get married to help prevent disputes during your marriage or in the event you decide to separate in the future.

I draft Prenuptial Agreements based on my experience representing clients in divorce situations.

I have seen disputes about everything you can imagine and more.  Maybe you and your partner collect vinyl records or vintage movie posters or wine.  What happens to your collections if you separate?  I have had clients with difficulty dividing wedding gifts such as sets of Fine China and crystal and what about that one valuable collection or item given to both of you as a gift. What about that puppy you adopted before you get married or during your marriage!

I ask my clients to think about whether they will be okay financially in the future if their marriage ends. This starts the process of talking with your partner about these issues before you marry.

 In the event you do split up, a Prenuptial Agreement resolves in advance many of the issues that come up when couples separate.  It reduces conflict and makes your separation less stressful.

You may be thinking that a Prenup is only for couples who have many assets and are “wealthy” but there are many reasons to
consider one…….. Here are just a few:

  • You own condo or house and you live in it with your partner
  • You have pets and want to be sure there will be no dispute about who your pets will live with if you separate (Read my “Who Gets the Dog in a Divorce” blog here!)
  • You have a valuable collection of wine, artwork, photo equipment, or other set of things that are meaningful to you and you want to add to it while you are married
  • You want to protect your future inheritance or an inheritance you have already received
  • You own a house or a business with your parents, siblings, or other family members
  • You expect to become a partner in a business or become a partner in a professional practice such as a medical or dental practice or law firm
  • You may start your own business
  • You have children from a previous relationship you would like to protect
  • You provide some financial support to your parents or other relatives.

At the end of the process my clients tell me that even though they hesitated to go through the Prenuptial Agreement process they felt that it was a positive step to take in their relationship.

I encourage a cooperative process in arriving at a final Prenuptial Agreement and my clients report that it actually helped their relationship. They were able to discuss difficult topics now so that they do not become sources of friction later.

It is best to speak with a family law attorney who knows what to include in a DC Prenuptial Agreement and is experienced in writing Prenups to guide you through the process.  You can then decide what is best in your situation.

 

 

 

 

 

Who Gets the Dog in A DC Divorce (Updated)?

By Carolyn Goodman

Separating from your spouse is difficult. Deciding who your dog or cat will live with makes it much harder.

Anyone who has a pet or has had one in the past knows that we treat our pets as part of the family.

Until recently, the DC courts treated pets like furniture.

A welcome change to the law occurred in April of 2023 when a new law was passed in the District of Columbia that allows a Judge in DC to consider who a pet should live with while a divorce is in process and after a divorce is awarded.

 

The law is called the “Animal Care and Control Omnibus Amendment Act.” The determination of who should have your pet while your divorce is pending may not be the same as the Judge’s final decision as to who your pet will live with on a permanent basis. A Judge can determine that the parties to a divorce should have joint custody of their pet and may order a time-sharing arrangement or a Judge may determine that one person should have full custody.

The DC Code section (16-910 (3) was amended to include this change in the law.

16-910 (3) At the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.

In order for a Judge to make a determination about your pet one person must specifically request that the court do so in their divorce documents.  The new law does not set out specific guidelines for the Judge to use in making a determination.  It leaves the issue up to the Judge to determine based on the evidence presented.

If you are having a dispute with your spouse or if you expect an issue to arise related to your dog, cat or other household pet it is best to speak with a DC Divorce lawyer to discuss the different options you have for resolving the issue.

It is always best to try to resolve the issue without having to ask the court to decide for you.

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

By Carolyn Goodman

Updated February 2024

Divorce law in the District of Columbia was changed to eliminate the waiting period to file for divorce.

There is no longer a requirement to be separated for six months mutually and voluntarily or one year if the separation is not mutual.

However if you do want to file for an Uncontested Divorce in DC you still need to have an agreement about the issues.

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. See 2024 updated law eliminating this waiting period.
  • 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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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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