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.
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.
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.
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.
An Uncontested Divorce is one in which you and your spouse have resolved all issues in your marriage, for example, a division of your property, child support and custody or a parenting plan, division of retirement plans, etc. If you have worked out the various issues, it is important to have a written Agreement drafted that indicates how everything will be settled. All potential issues, such as property ownership, debt division, tax issues, child support, and custody, etc. are then resolved prior to filing for divorce.
If you do not have a written Agreement, you may not be able to proceed with a simple uncontested divorce in DC.
I touch on topics such as DC Uncontested Divorce, DC Contested Divorce, DC Prenuptial Agreements, and an assortment of other issues, including information about documents to have in place before you marry.
There is also a discussion about having a Prenuptial Agreement in place so you can work out how you will deal with your family finances once you are married. In addition, the interviewer suggested that it is best to speak with a family lawyer/divorce attorney so you know what your rights are and what documents you should have.
When you and your spouse make the decision to separate and/or divorce in DC, if you have children, their welfare is one of your major concerns.
If you choose to resolve things amicably, hopefully, this will lead to a negotiated DC Separation Agreement. You can tailor specific provisions in your Agreement to determine custody and separate access schedules so that both you and your spouse will have regular access/visitation time with your children.
Moving forward and getting beyond the difficulties and resentments between you and your spouse so you can focus on the best interests of your children can be very emotionally challenging.