C and is similar to divorce because it allows a couple to figure out how to best resolve assets, child custody, alimony support and other major concerns. The big difference is that the couple remained married without getting a divorce. Spouses may choose legal separation for religious reasons, because divorce may be a conflict depending on their spiritual beliefs.
At other times, legal separation may be a way to let a spouse keep health insurance and can provide tax benefits that only married couples can enjoy. Also, if a noncitizen gets a divorce, they may be deported. Annulments in D. An annulment is an equivalent as if a marriage never happened.
The marriage is declared void. However, some marriages are legally void from day one, meaning the people were never legally married at all. The requirements for an annulment are the same for all marriages, whether by ceremony or common law. After an annulment hearing, if an annulment is granted, you will get a copy of the order. How you go about the divorce process in the District of Columbia will be driven by your personal circumstances and the amount of conflict you have with your spouse.
You have several possible ways you can move forward. Do-It-Yourself divorce. This is known as an uncontested divorce. If you and your spouse can agree on all the issues in advance, you can file paperwork with the court stating this fact, and you will usually be granted a divorce in a short amount of time, the least amount of emotional stress, and the lowest possible costs.
You may be able to go through the entire process without appearing in front of a judge or appearing only briefly to answer a few questions. Online divorce. This is similar to a DIY divorce, except that you rely a lot more on pre-printed forms and online services or attorneys to help you complete the required paperwork.
The automated approach can save a lot of money, but you need to be careful about making costly mistakes if you go this route. Divorce mediation. You meet with a neutral third party who helps you work through the areas of disagreement you have, such as property division, child custody and visitation, and related issues.
When you strike an agreement, you draw up a proposal and submit it to the court for approval. This is a quicker, cheaper, and less contentious route for many couples than going through a full-blown trial.
The D. Family Court offers a free mediation service through the Multi-Door Dispute Resolution Division Trained mediators can work with you and your spouse to negotiate the terms of your divorce. Collaborative divorce. This is an option for couples who still have a fair amount of cooperation and trust between them.
Any disagreements are resolved respectfully and amicably using attorneys who are specially trained in collaborative law. That is less costly than other forms of divorce and leaves decisions with the couple, and not a judge.
If collaboration fails, you can move forward with other types of divorce, but you will need to retain a different attorney if you do. Litigation is a traditional approach to divorce. You and your attorneys engage with your spouse and their attorneys in an attempt to negotiate a settlement before going to trial. If you can reach an agreement through a negotiated settlement or arbitration instead of a trial, then you can save some time and aggravation.
When two people have tried other ways of settling their marital affairs, and there is a high degree of conflicts and outstanding issues, a trial often results. These can be long, drawn-out, and expensive with a judge who will make rulings based on applicable state law. Before you can file for divorce, you must meet residency requirements which state that either you or your spouse must have lived in D. This means there are only two grounds for divorce. They are six months mutual and voluntary separation or one-year separation whether or not you agreed to separate.
You and your spouse can live in the same home, but you must not cohabitate or have sexual relations. For an uncontested divorce when you are the plaintiff, you start your case by filing a Complaint for Absolute Divorce. You will also need to fill out a Summons, a Vital Statistics form and a Family Court cross-reference form. When you file the complaint, a date and time for the first court hearing initial hearing will be scheduled.
After you file your paperwork, you have 60 days to serve your spouse with the summons and complaint. You can do this by personal service, substitute service at home or by certified mail, return receipt requested. The defendant will have 21 days to file a response to the complaint with the court. If no response is filed, then the plaintiff can seek a default judgment. When a response is filed, you will either agree on all the issues uncontested or attempt to negotiate your differences to come up with a settlement agreement contested.
A division of assets, child custody and support, and alimony are among the major issues that will be decided. Gore Top main navigation Toggle navigation.
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E-filing Court of Appeals. Superior Court. This notice tells you the date, time, courtroom and judge for the first hearing in your case. You will be given two copies: one for you and one for the other party. You must have a copy of the Summons, Complaint, and Notice of Initial Hearing properly served on your spouse. You are responsible for doing this, not the court. Read Serving the Divorce Papers on Your Spouse to find out how to serve your spouse with the divorce papers.
If you and your spouse agree to the divorce and you both sign the necessary court papers, you do not have to get your spouse served with the divorce papers, and the case will usually move more quickly. Read Getting an Uncontested Divorce to see whether you can use the uncontested divorce procedure. Check out our calendar of legal clinics and resource centers! View all. L aw H elp. Hide Visit. Text size: A A A. Courts Public Health. Search for resources and organizations in this language Advanced Search.
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