District of Columbia Divorce
Information and FAQ
At least one of the parties to the action for divorce must have resided
in the District of Columbia for at least six (6) months immediately prior
to the filing of the complaint. D.C.C. 16-902.
Grounds for divorce The District of Columbia permits divorces to be
granted on two grounds. First, a divorce may be granted to the parties if
both parties to the marriage have mutually and voluntarily lived separate
and apart without cohabitation for a period of six months prior to the
filing of the petition for divorce. Second, a divorce may also be granted
if both parties to the marriage have lived separate and apart without
cohabitation for a period of one year prior to the filing of the petition
for divorce. D.C.C. 16-904.
Name of court and title of action/parties An action for divorce filed
in the District of Columbia is filed in the Superior Court - Family
Division. The title of the action initiating the divorce is a Complaint
for Divorce, while the title of the action granting the divorce is
referred to as the Final Decree of Divorce. The party who is filing the
action for divorce is called the Plaintiff, while the other spouse is
referred to as the Defendant. D.C.C.R., Vol. 2, App. I.
Legal Separation The District of Columbia permits a judgment of legal
separation to be granted for the following grounds: 1. Both parties to the
marriage have mutually and voluntarily lived separate and apart without
cohabitation.
2. Both parties to the marriage have lived separate and apart without
cohabitation for a period of one year prior to the filing of the action.
3. Either party has committed adultery.
4. Either party has engaged in conduct that would constitute cruelty
toward the other. D.C.C. 16-904.
Alimony When a divorce is granted to the parties, the court may award
alimony to either spouse in an amount sufficient to support that spouse.
D.C.C. 16-911-913.
Distribution of Property The District of Columbia is an equitable
distribution jurisdiction. In the absence of a valid property settlement
agreement, upon entry of the final decree of divorce the court shall set
aside to each spouse that party’s separate property and distribute all
other property between the parties in a manner that the court determines
is equitable, just and reasonable after considering the following factors:
1. The duration of the marriage.
2. Any prior marriage of either party.
3. The age, health, occupation, amount and sources of income,
vocational skills, employability, assets, debts, and the needs of each of
the parties.
4. Provisions for the custody of minor children.
5. Whether the distribution is in lieu of, or in addition to,
maintenance.
6. The opportunity of each party for future acquisition of assets and
income.
7. Each party’s contribution to the acquisition, preservation,
appreciation, dissipation or depreciation of the assets subject to
distribution.
8. Any other factor the court deems relevant. D.C.C. 16-910.
Child custody The court shall determine custody of minor children of
the marriage based upon the best interests of the child. To determine the
best interests of the child, the court shall consider the following
factors: 1. The wishes of the child as to his custodian.
2. The wishes of the child’s parents as to the child’s custody and
the sincerity of each parent’s request.
3. The interaction and interrelationship of the child with parents,
siblings and any other person.
4. The child’s adjustment to his home, school and community, and the
potential disruption of the child’s social and school life.
5. The mental and physical health of all parties.
6. The capacity of the parents to communicate and reach shared
decisions regarding the child’s welfare.
7. The willingness of the parents to share custody.
8. The prior involvement of each parent in the child’s life.
9. The geographic proximity of the parental homes as it relates to the
child’s residential schedule.
10. The demands of parental employment.
11. The age and number of children.
12. Any other factor the court deems reasonable.
13. There is a rebuttable presumption that joint custody is in the best
interest of the child.
In any custody proceeding, the court may order each parent to submit a
parenting plan detailing each parent’s proposals regarding issues such
as the child’s residence, support, visitation, education and medical and
dental care, among others. D.C.C. 16-911, 16-914.
Mediation If child custody is an issue in the action for divorce, the
court may require the parties to attend parenting classes. D.C.C. 16-911.
Child support The District of Columbia has established child support
guidelines which establish a presumptively correct amount of child support
to be paid. The guidelines take into consideration the existence of any
prior order of child support a party may be paying and also take into
consideration the difference in cost to raise children of different ages.
Any deviation from the guidelines must be in writing with a statement of
the factors justifying the deviation.
If the parties present the court with an agreement containing
provisions for child support, that agreement shall be examined and
compared to the child support guidelines to determine if that agreement is
fair and just. The court shall examine each party to ensure that the
person is aware of the presumptively correct amount contained in the
guidelines and that consent for the deviation from the guidelines was
informed. D.C.C. 16-911, D.C.C. 16-916.
Name change Upon request of the party who assumed a new name upon
marriage, the court shall permit that party to resume use of the former or
maiden name. D.C.C. 16-915.
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