Key Takeaways

  • Property division: Equitable distribution.
  • Residency requirement: 6 months in the District.
  • Waiting period: None if both parties consent and have lived apart for 6 months; otherwise 12 months of separation.
  • Filing fee: $120 - $150.
Equitable distribution Property division method
6 months in the District Residency requirement
None if both parties consent and have lived apart for 6 months; otherwise 12 months of separation Waiting period
$120 - $150 Filing fee

Grounds for Divorce

District of Columbia allows no-fault divorce. The no-fault ground is: Mutual voluntary separation or living separate and apart for 6 months.

District of Columbia is a pure no-fault state. No fault-based grounds are available.

Residency Requirements

6 months in the District.

Property Division

District of Columbia is an equitable distribution state. The District of Columbia follows equitable distribution. Courts divide marital property fairly based on factors including the duration of the marriage, the age, health, and occupation of each party, contributions to the marriage, and each spouse's earning capacity.

Alimony / Spousal Support

DC courts may award alimony based on the ability of the requesting spouse to be self-supporting, the time and expense necessary for training or education, the standard of living during the marriage, the duration of the marriage, and the circumstances that contributed to the divorce.

Child Custody

DC courts determine custody based on the best interest of the child. Factors include the child's wishes, the wishes of the parents, the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals.

Child Support

DC uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, childcare costs, and the percentage of time each parent has physical custody.

Filing Fee

The filing fee for divorce in District of Columbia is $120 - $150. Fee waivers may be available for those who cannot afford to pay.

District of Columbia court divorce resources

Related Resources

Frequently Asked Questions

  • What are the grounds for divorce in the District of Columbia?

    DC allows no-fault divorce. As of recent reforms, the sole ground is that the spouses have lived separate and apart. If both parties agree, a 6-month separation period is required. DC eliminated its fault-based grounds.

  • How long do you have to live in DC to file for divorce?

    At least one spouse must have been a resident of the District of Columbia for at least 6 months prior to filing the complaint for divorce.

  • How is property divided in a DC divorce?

    DC follows equitable distribution. Courts divide marital property fairly based on factors such as each spouse's contributions, the duration of the marriage, and the economic circumstances of each party. Separate property is not subject to division.

  • How long does a divorce take in DC?

    If both parties consent, a divorce can be granted after 6 months of living apart. Uncontested divorces with consent can take approximately 2 to 4 months after meeting the separation requirement. Contested cases take longer.

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