Divorce cases in the District of Columbia are handled by the Superior Court. Divorce laws vary significantly from state to state; in cases where spouses live or are able to move to different states, it is often beneficial to compare likely outcomes in the different courts. For parties in the District, the most important jurisdictions to consider are usually the neighboring states of Maryland and Virginia.
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Requirements
There are two requirements to start a divorce case:
First, either party must be residing in the District of Columbia for six months without interruption.
Second, the parties must be living separate and apart without cohabitation. 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. Once the necessary separation period has passed, the judgment of legal separation can be “enlarged” into a divorce judgment.
If the case does not meet these standards, it may be possible to file in another jurisdiction where one of the parties resides. Maryland allows absolute divorce by mutual consent with no prior separation period, and both Maryland and Virginia allow immediate actions for “fault” divorces in cases such as adultery and cruelty. However, each state has its own residency requirements which must be confirmed before filing.
Uncontested Divorce
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.
Contested Divorce
The process for a contested divorce is generally as follows:
- The plaintiff files a complaint and intake form with the Superior Court.
- The court issues a summons and sets a date for the initial hearing (usually 45 to 60 days from the complaint).
- The plaintiff serves the summons, complaint, and notice of initial hearing on the defendant within 60 days. Additional time may be allowed if necessary (for example, if the defendant lives outside the United States).
- Following service, the defendant has 21 days to respond with an answer stating whether they agree or disagree with their spouse’s contentions.
- At the initial hearing, the court will set the future hearing dates and discovery deadlines for the case. Depending on the scope of the spouses’ disagreements, the court may order alternative dispute resolution or parenting classes.
- The parties will usually exchange discovery requests prior to trial, including interrogatories, requests for documents, requests for admissions, and requests for depositions.
- Any contested issues will be resolved before a judge at a bench trial (trial without a jury). The trial typically occurs 6 to 9 months after the filing of the case. Some cases are split (“bifurcated”) into separate trials on child custody and financial matters, in which case the child custody trial will occur first, and the financial matters trial will occur around three months later. Almost all divorce cases are resolved within one year of filing.
If the parties reach an agreement during this process, the case can be converted to an uncontested divorce and resolved with a single hearing.
Child Custody
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.
Child Support
Like most other US jurisdictions, the District has child support guidelines based upon the custody situation, the incomes of the parents, and any special needs of the child. Child support is payable until the child reaches the age of 21 or is emancipated (marries or becomes self-supporting). Child support may be modified if there is a change in the child’s needs or a party’s ability to pay.
The District gives high amounts and long terms of child support in comparison to its neighbors. Virginia and Maryland both generally terminate child support at the age of 18 or upon high school graduation. Maryland guideline amounts are usually close to District guideline amounts, but Virginia guideline amounts are usually much lower and may be around half as much of a similar case in the District or Maryland.
Alimony
Alimony is additional financial assistance needed by a spouse for their own support. While it is often incorrectly perceived as a “penalty” or “compensation” from a wrongdoing spouse, it is primarily based upon the receiving spouse’s financial need. As is the case in most other states, there are no formal alimony guidelines in the District; alimony is at the discretion of the judge and is very fact-specific. A spouse seeking alimony will need to explain their current income, their potential income, the steps needed to achieve their potential income, and any special financial needs they have.
Marital Property
Following a divorce, spouses are able to keep “separate property” that is held by them in their own name (not jointly), and was either acquired by them before the marriage, or acquired during the marriage by a gift, bequest, devise, or descent from another person. All other property, even if held with separate title, is considered to be marital property that needs to be divided equitably. Jointly titled property is always treated as marital property. Retirement benefits earned during the marriage are generally considered to be marital property. Marital property continues to accumulate during the divorce proceeding until the divorce is final.
Maryland and Virginia disregard legal title when considering the scope of marital property. Maryland cuts off accumulation of marital property upon divorce, like the District, but Virginia cuts off accumulation of marital property upon separation.
Our Fees
Every divorce case is different. Some cases can be resolved quickly and easily, while others require a large amount of attorney effort to resolve. Our firm’s “rule of thumb” is for clients to budget about $2,000 per month for attorney’s fees and costs while the case is pending. A typical contested case with minor children and financial issues that can be resolved before trial will usually cost $8,000 to $12,000 over the course of 6 to 8 months, while a complex case that goes to trial may cost $20,000 to $25,000 over the course of 9 to 12 months. In cases where one spouse does not have the resources to pay for an attorney, but the other spouse does, it may be possible to request an initial award of “suit money” through the court, or to settle a portion of our attorney’s fees from the proceeds of the case.