Carolyn Goodman

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What is the difference between an Absolute Divorce and a Legal Separation in the District of Columbia?

What is an Absolute Divorce?

In DC, an Absolute Divorce represents the end of the marriage between you and your spouse. It is permanent, allows you to remarry, and divides your marital property interests and marital debt.

When Can an Absolute Divorce Be Granted?

There are two grounds for an Absolute Divorce in Washington, DC:

Mutual and Voluntary Separation for Six Months:

  • This requires that both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation (even if the separation is under the same roof) for a period of six months prior to filing the divorce case.
  • If at first one spouse does not agree to the separation or believes that the separation might be a trial separation, the separation may become voluntary at a later time.

Continuous Separation for One Year:

  • This requires that both parties have lived separately and apart continuously, without cohabitation (even if the separation is under the same roof) for one year prior to filing the divorce case.
  • A Legal Separation does not end the marriage. You remain married to your spouse and therefore may not remarry. The Court may divide your marital property rights and debts. You do not have to be separated for a minimum time period prior to filing for a Legal Separation.

Grounds for a Legal Separation in DC:

Mutual and Voluntary Separation:

This ground is the same as the ground for absolute divorce described above. However, there is no minimum time period required for the separation prior to filing the legal separation case.

Continuous Separation for One Year:

This ground is the same as the ground for absolute divorce described above.


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Practice Areas

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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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