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.

 

 

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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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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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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Filing for An Uncontested Divorce in DC

By Carolyn Goodman

What is an Uncontested Divorce in DC?

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.

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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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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 is one other requirement that must be met before you can file for divorce in DC.

You must meet the residency requirement. This means 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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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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