How to File for Divorce in DC

Ending a marriage begins with the filing of paperwork.

Filing for a divorce in Washington D.C. will require that the proper documents be filed in a correct and complete manner. Retaining a lawyer throughout the process is optional, but may prove beneficial during this time. He will give you an idea of your expected outcome and valuable information concerning the process of the divorce, along with tips while filing out your complaint, decree and subsequent documents.

Instructions

1. Confirm that you have been a resident in Washington D.C. for at least six months before applying for a divorce petition. You must wait to file until you have lived in Washington D.C. the full six months. Filing before you meet the residency requirement will result in a dismissal and will mean having to start the proceedings over.

2. Determine the cause for your divorce or consult with your attorney beforehand. The reason for divorce must meet a certain definition before it is determined to be lawful and it must be proven. A fault or no-fault divorce is available when you and your spouse have not lived together the last six months voluntarily or one year without cohabitation otherwise.

3. File a Complaint for Divorce and Final Decree of Divorce at the Superior Count of the District of Columbia in the Family Division. There will be multiple additional documents that are required and will be provided to you when you file the complaint and decree.

4. Return the documents to the County Clerk's Office in the Family Court division. Either the clerk or the assistant will be responsible for keeping in contact with lawyers and yourself concerning additional paperwork and hearings.

5. Contact your spouse concerning distribution of property. Washington D.C. requires the division of property to be done in a way that is fair to both parties. If you cannot come to an agreement with your spouse, the court will divide the disputed property as they find suitable.

6. Go to parenting classes if minor children are involved in the divorce proceedings and the court requires this counseling. You must complete the counseling before the divorce can be finalized.

7. Attend each hearing as you receive notes of their dates and times. It is important to keep any copies of paperwork that are given to you, as you may need to present them at this time. If your spouse cooperates and you have talked out issues concerning personal property, debt and your children, then the process may not take long. If disputes arise, the process may take longer.

References

• Divorce Source: Washington D.C.: State Divorce Laws