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.

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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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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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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Uncontested Divorce in DC: How Is Property Divided?

By Carolyn Goodman

What is an Uncontested Divorce in DC?

Photo of homes in DC - Uncontested Divorce DC How is Property Divided

Understanding what an Uncontested Divorce actually is will help you as you move forward.

It is best for both you and your spouse to reach a settlement if possible and file for a simple Uncontested Divorce in Washington, DC. Be aware that even though you and your spouse may have kept all of your finances separate, such as your bank accounts, retirement accounts, and credit card accounts, the balances may still be considered marital property and/or marital debt. This can be confusing. It is a common assumption that if everything you have is separately titled and you have no joint accounts that you each leave your marriage with what is in your sole name.

The law looks at property differently.

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Understanding DC Legal Separation and Divorce

By Carolyn Goodman

Getting a Divorce or Separation in DC: Should I File in DC Court or Settle Out of Court?

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.

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What is the Difference Between An Uncontested And A Contested Divorce?

By Carolyn Goodman

It is important to understand the difference between a Contested Divorce and an Uncontested Divorce in DC.

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.

What are the benefits of an Uncontested Divorce in DC?

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:

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Who Gets the Dog in a DC Divorce?

By Carolyn Goodman

Often pets become an issue when you separate or divorce in DC.

Dog Custody Cartoon

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.

  • Who will get to keep the dog?
  • Who will be responsible for daily walks, feeding, vet bills, making health decisions, etc.?
  • Will I be able to see my dog if my spouse has the family dog?

Determining Pet Custody in a Separation or Divorce: DC Separation and Property Settlement Agreements

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.

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Uncontested Divorce in DC

By Carolyn Goodman

I am contacted often and asked how to file for an Uncontested Divorce in DC.

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.

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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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