The procedure for a same sex divorce in DC is the same as for any divorce in DC. If there are any issues to be resolved such as division of property or other marital assets, custody, division of debts, etc., it is best to have a DC divorce lawyer draft a Marital Settlement Agreement to protect you.
You can file for a same sex uncontested divorce in Washington, DC if you meet the following requirements:
- You and your spouse have been separated for either six months (if your separation is mutual and voluntary) or one year if your separation is not mutual and voluntary,
- either you or your spouse live in DC and have lived in DC for at least 6 months prior to filing for divorce and
- you and your spouse are in complete agreement about all issues involved in the marriage, i.e. there are no issues involved or you have a Separation and Property Settlement Agreement that resolves the issues in your marriage. It is best to speak with a family law-divorce attorney to draft a Separation Agreement for you.
You must file the Complaint for Divorce, Answer to the Complaint,Uncontested Praceipe, and Cross-Reference Intake Form together with the necessary filing fee and your case will then be scheduled for a hearing.
You will also need to present your marriage certificate. If you and your spouse both agree, you may file a Waiver of Appeal that will permit your divorce to be final immediately after your divorce Order is signed by the Judge at your hearing.
On your hearing day, you may present a proposed Findings of Fact, Conclusions of Law and Judgment of Absolute Divorce.
It is always best to speak with a divorce lawyer for advice and to be sure you understand what is required in your specific situation.