Carolyn Goodman

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How is Property Divided in a DC Divorce or Separation?

By Carolyn Goodman

A concern for anyone going through a separation or divorce is how the property, bank accounts, and other assets you have will be divided when you separate.  The first step in the process is figuring out whether the property you have is marital property or separate property.

Marital property usually includes the assets and debts you acquire during your marriage — It does not matter how something is titled.

If it accumulated during your marriage, it is marital property.

If it is a debt that accumulated during the marriage, it will be considered marital debt.  An example of marital property that surprises many people is a retirement account that is separately titled. The portion of the retirement funds that accumulated during the marriage will be considered marital property. How the account is titled does not matter as long as the funds were acquired during the marriage.

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Filed Under: Divorce and Division of Property, Legal Separation, Separation

Legal Separation in DC

By Carolyn Goodman

Many people ask me whether they need a Legal Separation. It is important to understand what a Legal Separation is before you decide if it is necessary.

The main difference between a Legal Separation and a Divorce is that when the proceeding is over, you will still be married to your spouse.

A Legal Separation is a court proceeding but it does not dissolve your marriage. Only a divorce ends your marriage and gives you the freedom to remarry. You are not free to remarry if you are legally separated.

In a Legal Separation proceeding, the court may order spousal support, child support, and may divide marital property.

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Filed Under: Legal Separation

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Practice Areas

  • Child Support And Custody Law
  • Family and Divorce Law
  • Separation Agreements
  • Prenuptial And Postnuptial Agreements

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.

Recent Blog Posts

  • Child Custody and Parenting Plans in DC Separation and Divorce
  • Understanding DC Legal Separation and Divorce
  • What is the Difference Between An Uncontested And A Contested Divorce?
  • DC Divorce: Who Gets the Dog?

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