Divorce procedure washington dc

Sometimes a mediator can make divorce quicker, less stressful, and keep you out of court. The D. If you decide to represent yourself, you can obtain more information at the Family Court Self-Help Center located in the D. Superior Court. The Center can explain the process to you, help you complete the proper forms, and direct you to other free legal resources. You can also find forms and other information on the D. Courts website. Your divorce is uncontested if both you and your spouse agree to the divorce and all of your divorce-related issues, which may include:.

Your divorce is contested when you and your spouse can't agree on any one or all of these issues and want the court to decide, even if you both want to be divorced. An uncontested divorce is quicker than a contested divorce. If your divorce is uncontested, you can file a "Complaint for Absolute Divorce" at the same time that your spouse files the "Consent Answer. For a contested divorce, you must first file a "Complaint for Absolute Divorce.

The complaint is the same for an uncontested and contested divorce. This includes sleeping in separate bedrooms of the same house so long as the parties are not having marital relations.

To request a divorce, the separation must be continuing for either six months if mutual and voluntary, or one year if not. Parties who are living separately but do not meet the time requirements for divorce may request a legal separation , a process similar to divorce which resolves issues related to property, support, and children, but does not formally end the marriage. If the case does not meet these standards, it may be possible to file in another jurisdiction where one of the parties resides.

However, each state has its own residency requirements which must be confirmed before filing. To obtain an uncontested divorce, the parties must have resolved all of their issues related to property, support, and children. This is usually done through a written settlement agreement. The uncontested divorce requires a hearing before the Superior Court, which typically occurs one to two months after the uncontested divorce is requested.

If child support is an issue, the parties will need to demonstrate that the agreed child support meets District guidelines. If the parties reach an agreement during this process, the case can be converted to an uncontested divorce and resolved with a single hearing. The District has separate concepts of legal custody decision making authority and physical custody the right to be with the child.

There is a rebuttable presumption of joint custody in the District, meaning that a party seeking sole custody has an additional burden to show evidence that sole custody is more appropriate in the circumstances. This presumption does not exist in Maryland or Virginia, making these states more attractive for a person seeking sole custody. This is also known as proceeding in forma pauperis. You must file your paperwork at the Family Court Central Intake Center where a clerk will process the paperwork and you will be assigned a case number.

You or your spouse must have lived in D. With an uncontested divorce , after you file paperwork, your spouse has 21 days to file an answer with the court. If you submit an agreed upon settlement, the court may hold a brief hearing as soon as one can be scheduled.

The length of time will depend on court backlogs and availability of judges. In a contested divorce , your case could take several months to resolve. It will depend on how well you cooperate, the nature and complexity of your issues, and other factors that could delay the process for a year or more, in some cases.

You can file for divorce, but some parts of the divorce may be more complicated as a result. Determining paternity, child custody and support will be the primary issues at hand. In general, the husband is considered to be the legal father of any child born during the marriage. If paternity is not established, the husband will remain the legal father, and will still be legally responsible for the child.

Many rules for military divorces are the same as they are for civilian divorces in the District of Columbia, but there are some notable differences as well. The grounds are the same as for civilian divorces.

The parties have mutually and voluntarily lived separate and apart without cohabitation for 6 months, or the parties have lived separate and apart without cohabitation for 1 year. This also applies to couples who want a legal separation.

Property division takes place through equitable distribution. USFSPA permits former unremarried spouses to continue receiving commissary, exchange, and health care benefits after a divorce if the parties were married for 20 years while the military member was active duty.

If the military member was active duty for 20 years, but the parties were only married for 15 years of the active duty service period, the former spouse is entitled to full military medical benefits for one year following the divorce. A military spouse can request a delay in divorce proceedings so that his or her military duties are not impacted. Legal action can be delayed when he or she is on active duty plus 60 days beyond the end of his or her enlistment.

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