The 101 on Washington DC Divorce Laws
Divorce is not necessarily a reflection of the characters of the parties involved; it does not mean that anyone has “failed.” The reasons for ending a marriage are as varied as the persons involved, but whatever the reasons, it’s important for both parties to be fully aware of their rights and responsibilities under the law.
Although technically not a “state,” the District of Columbia has its own laws regarding marriage and family like any other state. For this reason, there are residency requirements; according to Title 16, Chapter 9, Section 902 of the D.C. Code Annotated, at least one of the parties must have been a resident in Washington D.C. for no less than six months prior to filing for divorce. If one is a member of the military, the rule still applies: s/he must have been stationed within the District of Columbia for the same six-month period or longer.
The District of Columbia courts will grant a divorce only on specific grounds. Most commonly, this is “No-Fault” divorce, in which the couple has either been living apart for no less than six months or “living separate and apart without cohabitation for at least 1 year” (D.C. Code, Title 16, Chapter 9, Sections 904 – 906). This requirement may actually be satisfied if the parties are living in the same house or apartment, as long as they are not sharing a bed or food.
Other grounds for divorce in D.C. include bigamy, insanity, fraud or misrepresentation, incapacity for rational judgment at the time of the marriage, or if the party filing for divorce had not been of legal age when the marriage took place.
Children are the ones that usually suffer the most during divorce proceeding, and D.C. divorce laws are among those that recognize the rights and needs of children in awarding custody. First and foremost, the child’s wishes as to which parent s/he wishes to remain with is a primary consideration, assuming the child old enough and capable of making such a decision. Additional factors are the parent’s wishes, the child’s adjustment to his/her current living situation, relationships with respective parents and siblings, and any joint custody agreement that might be reached. The geographical location of each parent and prior involvement are also taken into consideration.
Rights of grandparents are not specifically addressed in the District of Columbia Code, but in general, the same principles apply. The courts prefer that parents and grandparents work out custodial and visitation arrangements among themselves ahead of time, but will step in if it is perceived that the best interests of the child are not being served.
The foregoing is a basic overview; it does not constitute any sort of legal advice, nor should it be construed as such. If you and your spouse are considering initiating divorce proceedings, it is strongly recommended that you seek professional counsel from a licensed attorney – preferably one who specializes in family law.
