An introduction to the law as it relates to divorce.

Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America. 

There are two types of divorce-- absolute and limited. In absolutedivorce the marriage is completely dissolved by the court. Property claims are terminated. The court decides how to divide the assets and property between the spouses and also decides which parent will be granted custody of the children. In an absolute divorce, both husband and wife are then regarded as being single and they can remarry or have sexual relations with another individual without their actions being regarded as adultery. Also, since the marriage has been terminated, the spouses are allowed to remarry each other.

In limited divorce, on the other hand, even though the husband and wife are living separately, the court does not regard them as being single or as being legally “divorced” or legally separated, so they cannot enter into a marriage with another individual. There is no severance of the marital bonds. If they have sexual relations with another individual, their actions are regarded as being adulterous. Also, even though both the spouses are still regarded as being legally married, neither has the right to have sexual relations with the other. Apart from this, since the marriage has not been terminated, the spouses are not allowed to remarry each other.

It is important to remember that the court supervises a limited divorce and documents the date of separation, and can grant spousal support (or alimony) or divide property between the two spouses. Property claims are not terminated, but they may be settled. A limited divorce can also make temporary decisions about issues such as child custody, child support, division of personal and real property and health insurance coverage. The proceedings determine which party is at fault, if either, and may grant support to one spouse based on need. If one spouse dies during a limited divorce, the other spouse may inherit his/her property or assets. Also the form of ownership for any property owned by the husband and wife, e.g. a house owned as tenants by both spouses, will stay the same. Grounds for limited divorce in US. Couples usually seek a “limited” divorce if-- They are unable to resolve financial and other differences privately, They have differences and have mutually and voluntarily opted for a separation, One spouse has treated the other spouse with cruelty, One spouse has displayed excessively vicious conduct towards the other spouse or the minor child of the other spouse, One spouse has deserted the other spouse. An absolute divorce, (also called a "divorce a vinculo matrimonii") is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again.

The consequences of divorces vary from state to state. Washington D.C has following divorce laws:


Residency Requirements


Washington D.C divorce laws require you to meet set residency requirements before you file for a divorce. The divorce court may not accept a divorce case if it does not come under the jurisdictional powers or rights to hear the divorce case of the court. Usually such a case is not accepted and when accepted it is eventually dismissed.

Residency Requirements in Washington D.C


The residency requirements in Washington DC are:
For filing a case, either spouse must be a resident of Washington D.C for a period of atleast six (6) months.

Documents Required for Filing Divorce in Washington D.C


According to the Washington D.C divorce laws, you require following documents to initiate and finalize a divorce: Complaint for Divorce
Final Decree of Divorce

Some other documents which you may require are:

Affidavit of Corroborating Witness
Financial Affidavit
Marital Settlement Agreement
Affidavit Regarding the Children

Distribution of Property in Washington D.C


Washington D.C. is in an “equitable distribution" state, so as per Washington D.C divorce laws, martial or community property is equally distributed amongst you and your spouse. In case you and your spouse are unable to reach a viable solution, the divorce court will distribute your community property by using the three step process dictated by the divorce laws of Washington D.C:

Segregation of marital or community property from individual property.

Set a value for the marital or community property in keeping with the current property prices.

A fair distribution of marital or community property. This distribution is not necessarily equal.

Change of Name or Restoration of Name in Washington D.C


According to the Washington D.C divorce laws, you and your spouse can take up your former names once you have filed for divorce.

Mediation Counseling in Washington D.C


Court may order one or both spouses to attend a brief parenting education class before divorce is finalized. Mediation is applicable only if there are minor children involved.

Alimony in Washington D.C


Washington D.C divorce laws dictate a permanent or temporary alimony during case proceeding if the court feels it is required. Various financial factors with the exception of marital fault are taken in account by the court, before this decision is taken.

Child Custody in Washington D.C


Child custody (whether Joint or Shared) is another major issue dealt by the Washington D.C divorce laws Legal, shared and joint child custody are covered under this divorce law. Physical and joint custody are settled in keeping with the child’s interests.

Child Support in Washington D.C


According to the Washington D.C divorce laws, child support issues are dealt in accordance with the District of Columbia child support worksheet. If you and your spouse are unable to reach a workable solution, child support amount will be decided by the court in light of work sheet dictates regarding child support.