Carolyn Goodman

Attorney At Law

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

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

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

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I am contacted often and asked how to file for an Uncontested Divorce in DC. It is important to first decide whether your 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

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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 order to file for an Uncontested Divorce and attend a simple hearing, you must be able to show that all property and other rights are settled.

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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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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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DC Uncontested Divorce

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Even though you and your spouse are ready to file for divorce and agree as to how you will settle all the issues in your marriage, you may still need to have a Separation Agreement.

This Agreement is a contract between you and your spouse that settles everything related to your property, your retirement accounts, your children, issues of support, etc.

Once the Agreement is signed, you can then file for an Uncontested Divorce as long as you have met the required separation period.

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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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