Carolyn Goodman

Attorney At Law

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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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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Child Custody and Parenting Plans in DC Separation and Divorce

By Carolyn Goodman

How do You Decide Custody & Parenting Plans in DC?

Photo of Child Custody and Parenting Plans in DC Separation and Divorce

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.

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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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