how to get s divorce in dc without a lawyer

The easiest road to a quick divorce in Washington, D.C. is for the defendant spouse to file a "Consent Answer," agreeing with everything the filing spouse stated in the complaint. Once that's done, the spouses can sign a form called a "Joint Request For Uncontested Divorce Hearing."

Full Answer

Does it matter where you get a divorce in DC?

Divorce. It does not matter where you are married. Only one of you has to meet the DC residency requirement. One can only ask for alimony and distribution of marital property in your divorce case. You will lose your opportunity to obtain alimony and distribution of marital property if you do not ask for them in your divorce case.

Can I get alimony in a divorce in DC without residency?

Only one of you has to meet the DC residency requirement. One can only ask for alimony and distribution of marital property in your divorce case. You will lose your opportunity to obtain alimony and distribution of marital property if you do not ask for them in your divorce case.

What are the rules for military divorces in DC?

Many rules for military divorces are the same as they are for civilian divorces in the District of Columbia, but there are some notable differences as well. One of the parties must have lived in D.C. for six months prior to filing for divorce. The grounds are the same as for civilian divorces.

How do I file for alimony in DC?

In most cases, alimony ends when the person receiving it gets remarried. You can get the necessary court pleadings to file for alimony online, or at the D.C. Superior Court Family Court Central Intake Center, 500 Indiana Avenue NW (room JM-540), Monday through Friday, 8:30 a.m. to 5:00 p.m.

How long do you have to be separated in D.C. before divorce?

One YearOne Year Separation: Whether or not you agreed to separate, you and your spouse have been living separate and apart, without cohabitation (sexual relations), for at least one year before the date you file for divorce.

Can I give divorce without a lawyer?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can you get divorced without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

What are the requirements to file for divorce in DC?

Once you have settled all the outstanding issues with your spouse, such as division of your marital property, custody of your children, child support, division of retirement benefits, division of debts, etc., through a Separation Agreement, there are two other requirements that must be met before you can file for divorce in DC.

How long do you have to be a resident of DC before filing for divorce?

First, you must meet the residency requirement. This says that one of you must have been a continuous resident of DC for six months before you file for divorce. The other requirement that must be met has to do with how long you have been separated. There are two possible ways to meet this requirement in DC. You can either be separated mutually and ...

How long can you be separated in DC?

There are two possible ways to meet this requirement in DC. You can either be separated mutually and voluntarily for a period of six months or you must be separated for a period of one year even if the separation was not originally mutually agreed upon.

Is it hard to get divorce in DC?

Filing for divorce in DC is not a difficult process. However, before you can file for divorce in DC, you must be sure that all of the issues between you and your spouse are settled. Otherwise, you will have to file for divorce and go through the process as if the divorce is contested.

What to do if you believe your divorce will be uncontested?

Even if you believe that your divorce will be uncontested, meaning that your spouse will agree to the divorce, there are many issues beyond simply ending the marriage that you have to think about. Consulting with or hiring an attorney is always a smart thing to do.

What to do if your spouse is not agreeing to divorce?

If your spouse is not agreeing to the divorce, you will most likely need a lawyer. You may also want to consider using a mediator to help you and your spouse come to a resolution about your divorce-related issues. Sometimes a mediator can make divorce quicker, less stressful, and keep you out of court.

What is a complaint in divorce?

The complaint is the same for an uncontested and contested divorce. In this form, you tell the judge whether you're seeking division of marital property, child custody, child support, or alimony.

What is contested divorce?

Your divorce is contested when you and your spouse can't agree on any one or all of these issues and want the court to decide, even if you both want to be divorced.

Do you have to serve your spouse with the divorce papers?

That way, you don't have to serve your spouse with the paperwork. For a contested divorce, you must first file a "Complaint for Absolute Divorce.". You'll also need to fill out and serve a "Summons," "Vital Statistics Form," and a "Family Court Cross-Reference Form," and serve your spouse with the papers.

Can a mediator help with divorce?

You may also want to consider using a mediator to help you and your spouse come to a resolution about your divorce-related issues. Sometimes a mediator can make divorce quicker, less stressful, and keep you out of court. The D.C. Family Court offers a free mediation service through the Multi-Door Dispute Resolution Division.

Is divorce an emotional or physical process?

Obtaining a divorce is an emotional and stressful process. Even if you believe that your divorce will be uncontested, meaning that your spouse will agree to the divorce, there are many issues beyond simply ending the marriage that you have to think about.

How to file a complaint for divorce?

Complaint for Divorce. Go here for a Complaint for Divorce form that you can fill out on your computer. You will need to print it out and file it at court. You must sign the complaint but you do not need to have it notarized.

How long does it take to get divorced?

It depends on what kind of divorce you go through. With an uncontested divorce, after you file paperwork, your spouse has 21 days to file an answer with the court. If you submit an agreed upon settlement, the court may hold a brief hearing as soon as one can be scheduled.

How to file proof of service for divorce?

As you file paperwork with the court, you must complete proof of service by having the paperwork legally served on your spouse. You can accomplish this through a personal friend, a process server, certified mail, or service by publication or posting.

What is the clerk's job in a civil case?

A clerk will process the paperwork and your case will be assigned a case number. The clerk will give you a date-stamped copy of the Complaint and the Summons and a Notice of Initial Hearing. This notice tells you the date, time, courtroom and judge for the first hearing in your case.

How long can you receive commissary after divorce?

USFSPA permits former unremarried spouses to continue receiving commissary, exchange, and health care benefits after a divorce if the parties were married for 20 years while the military member was active duty.

How long does it take for a spouse to respond to a divorce?

Your spouse will then have 21 days to file a response with the court. If they don’t comply, you can seek a default judgment.

How long does a military spouse get medical benefits after divorce?

If the military member was active duty for 20 years, but the parties were only married for 15 years of the active duty service period, the former spouse is entitled to full military medical benefits for one year following the divorce.

Where is Family Court in DC?

The Family Court Self-Help Center is a free walk-in clinic located in the DC Superior Court, 500 Indiana Avenue, NW, in Room JM-570. It is open Monday through Friday, from 8:00 a.m. to 5:30 p.m. and can assist with child custody issues and direct you to other free legal resources.

What is the child support law in the District of Columbia?

The District of Columbia uses a Child Support Guideline law that determines how much support must be paid. The Guideline sets a presumptive amount which is what is ordered by a judge in most cases. However, a judge can raise or lower the amount at his or her discretion.

How long does it take for a spouse to respond to a divorce?

Your spouse has 21 days to file a response after being served with paperwork in the District of Columbia. If they choose not to respond, you can file a motion and request a judge to issue a default judgment for your divorce.

What is considered marital property in a divorce?

Generally, any assets (and debts) acquired during a marriage are considered marital property.

How long can a couple live apart without cohabitation?

The grounds are the same as for civilian divorces. The parties have mutually and voluntarily lived separate and apart without cohabitation for 6 months, or the parties have lived separate and apart without cohabitation for 1 year. This also applies to couples who want a legal separation.

Can you pay alimony after divorce?

Alimony can be paid to one spouse by the other during or after a divorce or legal separation. By law, several factors are considered to reach an amount and duration that provides reasonable and necessary support. A Child Support Guideline law determines how much child support must be paid.

Where do you file child support?

For example, if the child lives with her mother in D.C., but the father lives in New York , a child support case would normally be filed in New York.

How long do you have to wait to file for divorce?

If you can't, you'll need to wait at least one year from the date of your separation before you can file for divorce. Sometimes voluntary and mutual separation doesn't mean that you talked about and agreed to separate. For example, in one D.C. case, a wife denied agreeing to live separate and apart.

What does an absolute divorce mean?

An "absolute divorce" terminates your marriage, and both spouses are free to marry someone else.

What happens if you annul a marriage?

An annulment ends the marriage, but instead of a divorce, it's like the marriage never happened. Like divorce and legal separation, there are specific, legal grounds for annulment, and you must be able to prove at least one of the following: one spouse was already married to someone else at the time of your marriage.

What is legal separation?

A legal separation allows a court to decide all the same major legal issues as a divorce without terminating the marriage. Legal separation from bed and board may be the right decision for you if your religion prohibits divorce or if you have minor children and divorce isn't what's best for your family.

How long can a spouse live apart?

both spouses have lived separate and apart without cohabitation for at least one year if one spouse disagreed with the separation. (D.C. Code Ann. § 16-904 (a).)

Can you live separately and apart?

Living Separate and Apart. Each ground for divorce requires a couple to prove that they have been living separately and apart for a specific amount of time. But for some families, it's a challenge to pay rent for two homes.

Can you create a settlement agreement for divorce?

If you'd like to maintain control over the divorce-related issues in your case, you and your spouse can create and submit a divorce settlement agreement. Before you bring it to the court, both spouses should hire independent attorneys to review the agreement and ensure it's appropriate. Regardless of the grounds you allege, ...

All About Washington DC Divorce Laws

Divorce laws are the crucial aspect of every marriage dissolution, contested or uncontested. In Washington DC, these laws regulate the following matters:

Uncontested Divorce in DC in a Nutshell

Having a judge make decisions and determine the terms of your divorce is complicated, expensive, and time-consuming. That’s why many couples opt for a friendly divorce, provided they qualify.

How To File for Divorce in DC

The process of filing for divorce in DC consists of the following steps:

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What happens if you get divorced without a lawyer?

If you get it wrong, you may find yourself turned away from the courthouse to try again. Even if you want to get a divorce without a lawyer standing beside you in court, you may still want to hire an attorney to write the paperwork for you.

How long does it take to get divorced in Maryland?

Then, in 2015, the Maryland legislature created the “Mutual Consent Divorce”. At the time, it only applied to couples without children together. It shortened the time it took to get a divorce and eliminated the 1-year separation requirement. The mutual consent process was so successful that in 2018, the legislature expanded it to cover all divorces -- even those with children.

Why is mutual consent divorce less expensive?

Because the process is quicker, it is almost always less expensive, even with a divorce lawyer’s help . If your family qualifies for a mutual consent divorce, it can save you time, money, and stress. Because the process is quicker, it is almost always less expensive, even with a divorce lawyer’s help.

How do Amy and David get divorced?

Consider Amy and David, and their children Mary and Edward. Amy and David know they want to get divorced, and they know that David should be the day-to-day caregiver for the children once they have separated because he works from home. They agree generally that Amy should have access to the children when she’s not working. With all this in mind, Amy and David complete the mutual consent process and get a divorce without a lawyer. However, when the holiday season rolls around and the children are on their first school break, both parties want the children to spend Christmas Day with them, and both parents find themselves needing to hire childcare providers while they are working. They end up hiring attorneys and going back to court to ask the judge to decide how the holiday break should be divided, and who should pay for child care costs.

What happens if you get divorced wrong?

If you get it wrong, you may find yourself turned away from the courthouse to try again.

Does mutual consent apply to divorce?

At the time, it only applied to couples without children together. It shortened the time it took to get a divorce and eliminated the 1-year separation requirement. The mutual consent process was so successful that in 2018, the legislature expanded it to cover all divorces -- even those with children.

Can a spouse with a higher income get divorced?

Often, the spouse with a higher income may falsely believe they are entitled to more of the assets in a divorce. If the lower earning spouse (or homemaker) doesn’t ask questions, it could leave her or him without the means to start over after the divorce is final.