Carolyn Goodman

Attorney At Law

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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DC Divorce and DC Prenuptial Agreements

By Carolyn Goodman

Enjoy listening to a recent SiriusXM radio interview in which I speak about a variety of family law issues such as DC Divorce and DC Prenuptial Agreements.

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 negotiating settlements rather than spending a great deal of family funds on going to court where you may lose control of the outcome of your situation.

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.

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Divorce and Separation Agreements

By Carolyn Goodman

The Purpose of a Separation Agreement in DC

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.

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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.

According to Washington, DC law, if it was accumulated during your marriage, it is marital property in DC.

Marital property in a DC divorce usually includes the assets and debts you acquire during your marriage — it does not matter how something is titled.

If it is a debt accumulated during the marriage, it will be considered marital debt. An example of marital property in DC 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.

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How Do I File For Divorce in DC?

By Carolyn Goodman

Filing for divorce in DC is not a difficult process

However, before you can file for divorce in DC, you must be sure that all of the issues between you and your spouse are settled. Otherwise, you will have to file for divorce and go through the process as if the divorce is contested. This process is longer and more expensive than filing for an Uncontested Divorce in DC.

Once you have settled all the outstanding issues with your spouse through a Separation Agreement, such as:

  • division of your marital property
  • custody of your children
  • child support
  • division of retirement benefits
  • division of debts, etc.

There are two other requirements that must be met before you can file for divorce in DC.

First, you must meet the residency requirement. This says that one of you must have been a continuous resident of DC for six months before you file for divorce.

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Do I Need A DC Separation Agreement?

By Carolyn Goodman

You are not required to have a DC Separation Agreement. However, it is a good idea to have one if you have any issues that remain unresolved with your spouse.

What is a Separation Agreement?

A DC Separation Agreement sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the agreement.

An agreement will clearly spell out the benefits you are entitled to and the obligations you have.

What are the benefits of having a DC Separation Agreement?

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Can I Get a Divorce in DC if I Wasn’t Married there?

By Carolyn Goodman

People often ask me if they can file for divorce in DC if they were married in a different state.

The answer is Yes.

Residency requirements for a DC divorce:

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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What Happens to Inheritance in Divorce? Ask a DC Divorce Lawyer

By Carolyn Goodman

Finding the Right DC Divorce Lawyer to Help Protect Your Inherited Property or Gifts

A common concern among people separating is what will happen to money or property they inherited or were given before they were married or during the time they were married.

Separate vs. Marital Property

If are thinking about a divorce or separation in Washington, DC, it’s important to understand the difference between separate and marital property.

Speak with a DC divorce lawyer to explain your options so you can make an educated decision about what qualifies as separate vs. marital property in your situation and how to proceed.

As long as the property or funds remain separate and separately titled during the marriage and are not commingled (mixed) with marital funds or property, the inherited or gifted money or property will remain separate and will not be divided when you separate or divorce.

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Does One of Us Need to Move Out to Separate?

By Carolyn Goodman

Learn Your Rights in a DC Separation

It can be difficult financially to maintain two households while you are going through a separation.

I am often asked whether you can separate in DC under the same roof and still be considered separated for the purpose of filing for divorce.

The answer is yes – if you truly live separate and apart.

You must be living completely separate lives. This means that you do not share meals or a bedroom. It also means that you are each cooking for yourselves, doing your own laundry and not going out together to social events.

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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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