Summary of Washington DC Divorce

1. GROUNDS FOR DIVORCE:

No-Fault:

1. Mutual voluntary separation without cohabitation for 6 months.
2. Living separate and apart without cohabitation for 1 year. ?Living separate and apart?-- test is met even if the parties are living under the same roof as long as they do not share bed or food.
3. Mutual voluntary separation without cohabitation for 6 months.

2. RESIDENCY REQUIREMENTS:

Residency requirements shall be met in order for the Court to accept your case. If the Court decides it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.

You have to meet the following requirements:

1. Either party must be a Washington resident for at least 6 months before to filing for a divorce.
2. Military Members working in Washington D.C. are deemed residents if they have lived there for at least 6 months.
3. Living separate and apart without cohabitation for 1 year.

3. FILING:

File your case with Superior Court of the District of Columbia-Family Division, located at Moultrie Courthouse, 500 Indiana Avenue, N.W., John Marshal Level East Wing, JM 520, Washington, DC 20001. Phone no: 1-202-879-1400. After filing you will be assigned a case number.

4. DOCUMENTS REQUIRED:

Main documents that are required to start you case are:

1. Complaint for Divorce/Petition
2. Final Decree of Divorce.

Family Court's County Clerk's Office will supervise you in handling your documents and will keep you updated with the steps of the case.

5. PROPERTY DISTRIBUTION:

Washington D.C. is an equitable distribution state, which means that your marital property should be divided in an equitable manner. Equitable refers to what is fair. The Court encourages the parties to reach an agreement on property and debt issues if not the Court will declare the property award.

6. NAME CHANGE:

Either party may restore their name to their former or maiden name.