Carolyn Goodman

Attorney At Law

DC Divorce and DC Prenuptial Agreements

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Enjoy listening to a recent 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

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When you and your spouse make the decision to separate and/or divorce, 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 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?

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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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How Do I File For Divorce In DC?

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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.

Once you have settled all the outstanding issues with your spouse, such as division of your marital property, custody of your children, child support, division of retirement benefits, division of debts, etc., through a Separation Agreement, 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 Separation Agreement?

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It is a good idea to have a Separation Agreement in place.

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

This will help you avoid a lengthy court process in which the Judge will have to decide things for you.

Verbal agreements between you and your spouse will not be enforced by the court. Only written agreements that are signed by both of you in the presence of a notary can be enforced.

A 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.

A Separation Agreement resolves all the issues and in doing so protects you and your spouse for the future. It answers questions such as:

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What is a Separation Agreement?

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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.

Can You Divorce In DC If You Were Married Elsewhere?

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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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Division of Property For Inherited Property or Gifts

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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.

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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Must One Person Move Out Of The Home To Separate?

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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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