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1. FILING.
(a)
The Complaint is filed in the “Superior Court
of the District of Columbia, Family Division”; (b) it is titled
a “Complaint for Divorce” or “Complaint for Legal
Separation”; (c) it is filed by the “Plaintiff”;
(d) the other spouse is the “Defendant”; (e) it is filed
at 500 Indiana Avenue, NW, 5th Floor; and (f) the final papers are
called the “Findings of Fact, Conclusions of Law, and Judgment
of Absolute Divorce”. District of Columbia Rules.
2. RESIDENCY.
One party must have been a resident for six months
immediately prior to filing for divorce. Military personnel are considered
residents if they have been stationed in DC for six months. District
of Columbia Code; Title 16, Chapter 9, Section 902.
3. GROUNDS
FOR ABSOLUTE DIVORCE.
(a) Mutual and voluntary separation
for six months; (b) involuntary separation for one year. District
of Columbia Code; Title 16, Chapter 9, Sections 904(a), 905, and
906.
4. GROUNDS
FOR LEGAL SEPARATION.
(a) Mutual and voluntary separation
(no minimum duration); (b) involuntary separation for one year; (c)
adultery; and (d) cruelty. District of Columbia Code; Title 16, Chapter
9, Section 904(b).
5. MEDIATION
AND PARENTING CLASSES.
The court has started a pilot
program of sending cases to a mediator. In child custody cases, the
court may order either or both spouses to attend parenting classes.
District of Columbia Code; Title 16, Chapter 9, Sections 914(d)(3).
6. UNCONTESTED
DIVORCE.
Upon written request, the Court will schedule
a brief hearing before a Commissioner, where at least one party testifies,
to obtain a divorce. District of Columbia Rules.
7. CHILD
CUSTODY.
The court may award sole or joint custody based
on the best interests of the child, without regard to spouse's sex
or sexual orientation, race, color, national origin, or political
affiliations. The following factors shall also be considered: (a)
the preference of the child, if the child is of sufficient age and
capacity; (b) the wishes of the parents; (c) the child's adjustment
to his or her home, school, and community; (d) the mental and physical
health of all individuals involved; (e) the relationship of the child
with parents, siblings, and other significant family members; (f)
the willingness of the parents to share custody and make shared decisions;
(g) the prior involvement of the parent in the child's life; (h)
the geographical proximity of the parents; (i) the sincerity of the
parent's request; (j) the age and number of children; (k) the demands
of parental employment; (l) the impact on any welfare benefits; (m)
any evidence of spousal or child abuse; (n) financial capability
of providing custody; and (o) the benefit to the parties. There is
a rebuttable presumption that joint custody is in the best interests
of the child; unless child abuse, neglect, parental kidnapping or
other intrafamily violence has occurred. The court may order the
parents to submit a written parenting plan for custody. District
of Columbia Code; Title 16, Chapter 9, Section 914.
8. CHILD
SUPPORT.
Either parent may be ordered to pay reasonable child support in
accordance with the child support
guidelines in
Title 16, Chapter 9, Section 916.1 and 916.2 of the DC Code. The
guidelines provide that the judge may exercise discretion and increase
or decrease the recommended child support by 3% based on the facts
of the case. Greater variations from the child support guidelines
are based on the following factors: (a) the child's needs are exceptional;
(b) the non-custodial parent's income is substantially less than
the custodial parent's income; (c) a property settlement between
the parents provides resources for the child above the minimum support
requirements; (d) the non-custodial parent provides support for other
dependents and the guideline amounts would cause hardship; (f) the
non-custodial parent needs a temporary reduction (of no longer than
12 months) in support payments to repay a substantial debt; (g) the
custodial parent provides medical insurance coverage; (h) the custodial
parent receives child support payments for other children and the
custodial parent’s household income is substantially greater
than that of the non-custodial parent; and (i) any other extraordinary
factors. Child support may be ordered to be paid through the Clerk
of the Superior Court. District of Columbia Code; Title 16, Chapter
9, Section 916.0l.
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9. ALIMONY.
Either party may be awarded alimony, during the divorce
proceeding or after, if it is just or proper. In making an award
of alimony, the Court shall consider all of the relevant factors
necessary for a fair and equitable award, including but not limited
to: (a) ability of the party seeking alimony to be wholly or partly
self supporting; (b) time necessary for the party seeking alimony
to gain sufficient education or training to enable that party to
secure suitable employment; (c) standard of living that the parties
established during their marriage, but giving consideration to
the fact that there will be two households to maintain; (d) duration
of the marriage; (e) circumstances which contributed to the estrangement
of the parties; (g) age of each party; (h) physical and mental
condition of each party; (i) ability of the party from whom alimony
is sought to meet his or her needs while meeting the needs of the
other party, and (j) financial needs financial resources of each
party, including: (i) income; (ii) income from assets, both marital
and non-marital; (iii) potential income which may be imputed to
non-income producing assets of a party; (iv) any previous award
of child support in this case; (v) the financial obligation of
each party; (vi) the right of a party to receive retirement benefits;
(vii) the taxability or non-taxability of income.
10. EQUITABLE DISTRIBUTION OF PROPERTY:
If there is no Separation Agreement,
each party keeps his or her non-marital property (acquired before the marriage
or acquired during the marriage by gift from a third party or inheritance) and
any increase in such separate property and any property acquired in exchange
for such separate property. The court will distribute it based on: (a) duration
of the marriage; (b) age, health, occupation, amount, and sources of income,
vocational skills, employability, assets, debts, and needs of each of the parties;
(c) provisions for custody of the minor children; (d) alimony; (e) obligations
for children of prior marriages; (f) opportunity for future acquisition of assets
and income; (g) contribution as a homemaker or otherwise to the family unit;
(h) contribution to the education of the other party that enhanced earning ability;
(i) increase or decrease in income as a result of the marriage or duties of homemaking
and child care; (j) contributions to acquisition, preservation, appreciation,
dissipation, or depreciation of assets, taxability, and whether acquired after
separation; (k) taxes; and (l) circumstances which contributed to the estrangement
of the parties. District of Columbia Code; Title 16, Chapter 9,
Section 910.
11.
NAME CHANGE:
Upon request, the birth name or previous name
may be restored. District of Columbia Code; Title 16, Chapter 9,
Section 915.
12.
PREMARITAL AGREEMENTS.
The agreement must be in writing and
signed by both parties and is enforceable without consideration.
An agreement is not enforceable if the party can prove that (a) the
agreement was not voluntarily executed; (b) the agreement was unconscionable
when executed and before the execution the party was not provided
a fair and reasonable disclosure of the property or financial obligations
of the other party, the party did not voluntarily waive any right
to the disclosure of these obligations, and the party did not have
adequate knowledge regarding these obligations. If a provision of
the agreement modifies or eliminates spousal support and that causes
the party to be eligible for public assistance, the court may require
the party to provide support to the extent to avoid that eligibility.
If the marriage is determined to be void, the agreement is enforceable
only to the extent necessary to avoid an inequitable result, unless
the agreement expressly provides that it shall be enforceable in
the event the marriage is determined to be void. District of Columbia
Code, Title 16, Chapter 30, Sections 142, 146, and 147.
-- Thyden, Gross & Callahan
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