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District
of Columbia Divorce Information
These statutes are the
property of Washington D.C., we only provide them as a courtesy.
This is not meant to replace legal advice.
When we receive your
information we will forward your case to our Washington D.C. paralegal
who will prepare your documents. Washington D.C. has state required
forms which we use for all Washington D.C. cases.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE:
Either spouse
must be a resident for at least 6 months prior to filing for a divorce.
All active military members that are stationed in Washington D.C.
are considered a residents as long as they have been stationed for
at least 6 months. (District of Columbia Code - Title 16 - Chapter
9 - Sections: 902)
LEGAL
GROUNDS FOR DISSOLUTION OF MARRIAGE:
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" may be accomplished under the same roof, if
the spouses do not share bed or food.
Fault: (1)
Mutual voluntary separation without cohabitation for 6 months and
(2) living separate and apart without cohabitation for 1 year are
the only grounds for divorce in Washington D.C. (District of Columbia
Code - Title 16 - Chapter 9 - Sections: 904, 905, 906)
LEGAL
SEPARATION:
There is
no provision for Legal Separation in Washington D.C.
PROPERTY
DISTRIBUTION:
Equitable
Distribution
CHILD
SUPPORT:
The court
will determine the support amount according to the current child
support guidelines that are in place. If the court finds that the
calculated amount is not appropriate form a specific case, it shall
deviate from that amount by considering the following deviation
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; (e) the non-custodial parent needs a temporary
reduction [of no longer than 12 months] in support payments to repay
a substantial debt; (f) the custodial parent provides medical insurance
coverage; (g) 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
(h) 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 - Sections: 911, 916)
Order
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