Carolyn Goodman

Attorney At Law

What Happens To Our Home When We Divorce?

By Carolyn Goodman

A common question people ask me when they think they will separate and divorce is, “What will happen to my home?”

This can be a very emotional issue. The home may be associated with both pleasant memories and sad memories. There are several options to consider when it comes to the ownership of your home during divorce, and it is very important to discuss the various possibilities with your family law attorney.

There is equity in your home as well as debt. Home equity is the difference between the market value of your home (what you could sell it for) and the amount you owe on your home (your mortgage, line of credit, home equity loan, etc.).

Some of the options to consider are:

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What is a Separation Agreement?

By Carolyn Goodman

A Marital Separation Agreement or a Property Settlement Agreement is a written contract between you and your spouse.

It settles all of the issues that have arisen during your marriage.

The Separation Agreement spells out your rights and settles issues such as what will happen to your property, your bank accounts, your debts, child support, custody, health insurance, alimony, how retirement accounts will be divided, etc. It specifically lays out the terms of your separation and divorce, if you decide to proceed with a divorce.

What Information Is Helpful To Your Attorney?

By Carolyn Goodman

Your divorce lawyer will need basic biographical information from you along with financial information.

It is important to gather as much financial information as possible including a list of all assets (i.e. property you own, bank accounts, stocks, retirement accounts, etc.) and all debts (i.e. credit cards, mortgages, bank loans, etc.).

This information is helpful when preparing a Separation Agreement and is also necessary if you cannot settle your case and have to resolve it through the court system.

Division of Property During Divorce in DC

By Carolyn Goodman

All property and all debts acquired during your marriage are considered marital property. When you divorce, the property and the debt must be divided. This does not mean that it is divided equally. In DC, an equitable division is made.

Many factors are looked at in determining how to divide your property and your debt fairly and equitably.  

Some of the factors that are considered are: the length of your marriage; your age; occupation; amount and sources of your income; your ability to find a job; the contribution made by one of you to help educate or help develop the career of the other one;  whether you or your spouse interrupted your career to stay at home to take care of your children, etc.  

It is important to make a list of all of your assets and all of your debt to show to your divorce attorney. It is also important to know whether the asset or debt was brought to the marriage or whether it accumulated during the marriage.

Dependency Exemption for Children

By Carolyn Goodman

It is common, particularly around tax time, to wonder who is entitled to claim the dependency exemption for your children on your income tax return.

Usually your Separation Agreement or divorce decree will specify which parent is allowed to claim the deduction.

Sometimes a Separation Agreement may say that only one parent is able to claim it. Some people agree to alternate years. You can also agree to change your agreement depending on who gets the most benefit from the deduction.

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Divorce and Separation Agreements in Washington DC

By Carolyn Goodman

Many people ask me whether I can represent both parties in a divorce.

The answer is NO.

It is unethical and is a conflict of interest for one attorney to provide advice to both parties whether it is a friendly situation or not.

In a case where things are relatively friendly, many times I prepare a Separation Agreement based on what my client and his or her spouse have agreed upon. It is then up to my client’s spouse to decide if he or she wants to retain an attorney to review the draft Agreement.

It is always best for each person to have his or her own attorney to provide advice and answer questions. But, it is up to each person independently.

Same-Sex Divorce

By Carolyn Goodman

I have received numerous calls from people who were married in DC and are in a same-sex marriage, but, neither party currently lives in DC.

In order to file for divorce in DC the requirements are the same for any divorce:

One of the parties must have been a resident of DC for at least six months prior to filing for divorce and you must be separated at least six-months mutually and voluntarily or for one year if the separation was not mutual and voluntary

It is always best to speak with a family law attorney so you know exactly what is required.

 

 

 

Divorce and Alimony in Washington DC

By Carolyn Goodman

A common concern people have when contacting me is whether or not they will receive alimony, also referred to as spousal support

Either person in a marriage can request alimony and it may be paid for a very specific period of time or it can be paid indefinitely. Sometimes it is paid on a temporary basis to help a person get back on their feet during the divorce process.

It is something that can be agreed to by you and your husband or wife. It can also be granted by a court if you are involved in a court case. However, it is not granted lightly by the court.

The Judge who hears a case involving alimony looks at many different factors in deciding whether it is fair to award alimony in a specific situation.

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Can You Divorce In DC If You Were Married Elsewhere?

By Carolyn Goodman

People often ask me if they can be divorced in DC if they were married outside DC.

The answer is Yes.

You can file for divorce in DC as long as you have been OR your husband or wife has been a resident of DC for at least six months continuously prior to filing. Only one of you needs to be a resident of DC in order to file.

In addition, you must have been living separate and apart continuously for at least six months if you both agree to the divorce. Otherwise you have to wait to file until you have been separated for one year.

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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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