The Washington DC divorce, child custody and child support actions are generally consolidated and can be overwhelming, financially detrimental, and emotionally draining.  The DC divorce statute is complicated and there are both common law and statutory interpretations applicable in the divorce proceedings. Moreover, the child custody aspect of the divorce proceeding can be driven to litigation fueled by emotions and impulse rather than facts and evidence at times obfuscating the very legal criteria: the best interests of the children. Given the forces involved and the life changing outcomes attributed to such matters, it is not only imperative but it is absolutely necessary to engage a Washington DC divorce lawyer experienced in all areas of family law, particularly child custody  — because nothing is more important than to be able to retain legal and physical custody of the children after a divorce. Below are some of the legal outlines and parameters pertaining to: Divorce Separation Division of Property: Equitable Distribution Alimony and Pendente Lite Alimony Separation Agreements Jurisdiction Annulment Collaboration v. Litigation Contested v. Uncontested divorce Divorce and Scope of Discovery DC Same Sex Marriage and Divorce Fault v. No-Fault divorce DC DIVORCE FAQ DC DIVORCE | LEGAL ELEMENTS DC divorce from bonds of marriage can be granted under two legal paths: Parties have “mutually and voluntarily” resided separate/apart without cohabitation for six months preceding the commencement of the divorce action; Or that both parties to the marriage have lived separate and apart (pursuant to court order) without cohabitation for a period of one year next preceding the commencement of the action. It is important to highlight the distinction: mutually and voluntarily. If there is no mutual and voluntarily separation with a date certain among the parties, then, the second prong kicks in and the parties would have to wait the full one year before obtaining a final decree divorce. This does not mean that the proceedings cannot start before particularly when there are pertinent legal issues to be determined by the court such as pendente lite alimony, child custody, child support, marital property, etc.   One way to commence proceedings early is via  action for legal separation. LEGAL SEPARATION A decree for legal separation is generally sought in order to have the court declare legal separation and toll the time required  (6 months if voluntary or one year if involuntary) before a divorce decree can be granted as well as having the court address preliminarily child custody, child support, and spousal support and even division of property. There are also times that parties do not wish to divorce for religious, financial or other reasons and legal separation can provide the necessary legal clarity short of divorce. The requirements for legal separation almost mirror that of divorce. Specifically, a decree for legal separation from bed and board may be granted if: Parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or That both parties have lived separate and apart without cohabitation for one year preceding the filing of the action. You may be declared to have lived separate and apart even when residing under the same roof.  The qualifying condition would be that each party must pursue a separate life, not sharing bed nor board or have been deemed separated pursuant to a court order. The decree of legal separation may be revoked at any time by mutual consent and request of parties. The decree may also be converted to decree for an absolute divorce upon request of the moving party when: There has been no reconciliation; and Separation has continued “voluntarily and without interruption” for a six month period or that Separation has continued without interruption for a period of one year. ACCOUNTING CONSIDERATIONS/DC DIVORCE The duration and the amount of  awarded alimony may vary based on balancing the variables listed.   The alimony payment may be indefinite, limited in time or structured as appropriate and customized to every case. An award of alimony may also be retroactive to the date in which the action commenced. Award of alimony and distribution of property at time would involve more accounting tactics than legal maneuvers.  It is imperative to have a coherent and organized financial landscape in advance of litigation to prevent a protracted and unnecessary legal dispute over numbers and minutia rather than substance. Additionally, judges are not accountants and generally have a low tolerance with exertion over numbers.  So it is imperative in complex property and assets divorces to have a meeting of minds over certain aspects of the financial distribution of assets and to leave only the essential litigation for the decision by the courts. Our Washington DC divorce lawyer generally engages or works closely with financial advisors or accountants to coordinate representation. Refer also to our Washington DC Prenuptial Lawyer page for information and guidance regarding categorizing and designating joint and separate properties prior or post marriage. SEPARATION AGREEMENTS A Marital Settlement Agreement serves as a road map to divorce and separation and can include very detailed paragraphs addressing some of the listed items below: Child Custody Child Support Alimony Division of all marital property Division and responsibility for spousal debts Health Insurance for the children, spouse and coverage Disposition, sell, or equity purchase of Marital Home Pension and retirement plans for each spouse Tax consequences and deferments Separation date Waiver of discovery Future modification Merger or incorporated agreements Generally after an extensive collaborative process, parties with the aid of their counsel can draft and agree upon terms for dissolution of every aspect of marriage.  These agreements can significantly reduce need for litigation and alleviate the emotional and financial distress due to divorce and separation. The agreements may also be either merged or incorporated in the final divorce decree.  Merged agreements are enforceable through the family court proceedings with contempt power, and incorporated act as stand alone agreements generally enforceable through civil proceedings. Regardless the court still needs to make best interests of the children determination on the child custody portion of the agreement and also … Continue reading Washington DC Divorce Lawyer