Attorney At Law
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.
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.
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.
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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).
When you decide to separate, and there are children involved, it is best to have an agreement for a temporary schedule for custody and parenting plans in DC. It is best to have a plan in place before each parent has a separate residence so you each know when you will see your children and when you are solely responsible for their care. This is in everyone’s best interest, especially for your children to know where they will be each day. This is important even for very young children.
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 IN DC: 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.
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.
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:
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.
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.
It is important to first decide whether your DC 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.