Divorce & Child Custody

Can I file for divorce in D.C.?

To be eligible for divorce in D.C., you must meet three requirements: residency, grounds, and proof of marriage. To meet the residency requirement, either you or your spouse must have lived in D.C. continuously for at least six months at the time you file your Complaint for Absolute Divorce. To meet the grounds requirement, you must prove that you and your spouse have been separated for a certain period of time.

Since D.C. is a no-fault jurisdiction, there are only two grounds for divorce:

1. Six Months’ Mutual and Voluntary Separation: You and your spouse have agreed mutually and voluntarily to separate and have been living apart, without cohabitation (sexual relations), for at least six months before the date you file.


2. One-Year Separation: You and your spouse have been living separate and apart, without cohabitation, for at least one year before filing for a divorce, whether or not you have agreed to separate.

Contact Lynn Andretta to discuss your legal options and find solutions for Divorce law and Child Custody situations in Washington DC area.

You and your spouse can live separate and apart even if you are living in the same house or apartment. The law says you must show that you have shared “neither bed nor board.” This means that you had separate bedrooms, and that you do not go out together as a couple, share meals, pay bills jointly, or otherwise act as married. To meet the proof of marriage requirement, the plaintiff must prove that there is a valid marriage before the court can grant a divorce. The plaintiff must bring an official copy of the marriage certificate, with a raised seal, from the state where they were married. If you and your spouse married in D.C., you can obtain one at the D.C. Superior Court (500 Indiana Avenue NW, room 4485). If you have a common law marriage, there is no marriage certificate, so the plaintiff must prove the marriage through testimony of friends and family, or through personal records, such as photographs and letters, to prove that a common law marriage exists.

How do I get an uncontested divorce case started?

An uncontested divorce goes through the court system more quickly. You and your spouse may file a Complaint for Absolute Divorce and a Consent Answer at the same time, and the plaintiff would not have to serve the papers on the defendant.

How do I start a contested divorce case?

If you are starting the case, you are the plaintiff. You must file a Complaint for Absolute Divorce. You will also need to fill out some court forms: a cross-reference intake form, and a vital statistics form. After you file your complaint, you must give a copy to your spouse according to very specific legal requirements. If your spouse has started the case, you are the defendant. After you have been legally served with a copy of the complaint, you must file your answer within 20 days. After you file your answer, you must give a copy to your spouse.

Child Custody

Custody is a legal arrangement that establishes who has the right to make decisions about a child, who has an obligation to take care of a child and where a child will live. Custody applies to children under the age of 18, unless the child is disabled (custody could continue after age 18) or the child is living independently (custody could end before age 18). When you get a custody order from a judge, it will determine two types of custodial arrangements: legal custody and physical custody. You can agree to a custody arrangement, or the court may decide that a certain arrangement is in the best interest of your child.

Can I file for custody in D.C.?

In order for a D.C. court to make a custody determination, the court must have authority to decide your case. This is called jurisdiction. Although there are several ways D.C. could have jurisdiction, the most common is when it is currently or was very recently the child’s home state. This means that the child has been living in D.C. for at least six months before the case is filed, or that the child lived in D.C. and has been away less than six months, and even though the child is no longer in D.C., a parent or person acting as a parent continues to live in D.C.

Civil Unions

State “Civil Union” Laws. Civil union/domestic partnership laws confer certain rights and benefits upon domestic partners which vary depending on state law. Some of these rights and benefits include laws relating to title, tenure, descent and distribution, intestate succession; causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, or loss of consortium; probate law and procedure; adoption law and procedure; insurance benefits; workers’ compensation rights.

Contact Lynn Andretta to discuss your legal options and find solutions for Divorce law and Child Custody situations in Washington DC area.

Laws relating to medical care and treatment, hospital visitation and notification; family leave benefits; public assistance benefits under state laws and laws relating to state taxes are all related to civil unions.

Benefits Of Civil Union:

• Medical Care
• Insurance
• Family Leave
• Adoption
• Probate Law
• Tax Laws

For example, in Vermont, civil union status is available to two persons of the same sex who are unrelated and affords parties “the same benefits, protections and responsibilities under Vermont law, whether they derive from statute, policy, administrative or court rule, common law or any other source of civil law, as are granted to spouses in a marriage.”

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