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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