DC divorce laws
Child
Support
 In cases brought to the court that involve
the establishment, modification or enforcement
of child support, a judicial officer may
conduct a hearing on child support, make
a finding, and enter a judgment in accordance
with the child support guideline as spelled
out in District divorce laws.
The guideline is based on the following criteria:
1.) Equitable approach to child support in which
both parents share legal responsibility
for the support of the child. 2.) The needs of each parent are
be taken into account in the
determination
of child support. 3.) A parent must meet
the child's basic needs as well as to
provide
additional
child support above the basic needs level.
The child should not suffer a disproportionate
share of the economic consequences of the
existence of 2 households rather than 1.
4.) Application of the guideline must be
gender neutral. 5.) The guideline will take
into consideration the existence of a
prior
child
support
order.
6.) The guideline will take into account
the difference in cost
to raise
children
of different
ages.
The District defines gross income as it relates
to child support determination as: 1.) All
salary or wages; 2.) Commissions; 3.) Severance
pay; 4.) Royalties; 5.) Bonuses; 6.) Interest
or dividends; 7.) Income derived from a
business or partnership; 8.) Social Security;
9.) Veteran's benefits; 10.) Insurance
benefits; 11.) Worker's compensation; 12.)
Unemployment compensation; 13.) Pension;
14.) Annuity; 15.) Income from a trust;
16.) Capital gains from a real or personal
property transaction; 17.) Any and all other
income that the parties receive
Spousal support (alimony or maintenance) paid by the party to the child support order to the other party will be deducted from the gross income of the paying party.
A prior child support order that is being paid will be deducted from a parent's income before the child support obligation is computed.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency
At least one of the parties to the marriage must be a bona fide resident of the District of Columbia for at least six months preceding the filing.
Child
Custody 
The court will determine the child custody of any minor children of the marriage based upon the best interests of the child. In determining the child's best interests, the court will consider the following:
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The wishes of the parents;
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The wishes of the child;
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Relationship of the child with parents, grandparents, siblings and any other person whose relationship significantly affects the child;
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The child's adjustment to home, school and community;
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The physical and mental health of all parties; and,
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Evidence of domestic violence.
While child custody is based on local statute, the courts have flexibility to award child custody outside those guidelines, and must provide evidence supporting such a ruling.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Grounds
for
Divorce
 The District is a “No-fault” entity.
To qualify, District divorce laws mandate
that the parties must have mutually separated
and lived apart for at least 6 months. Cohabitation
will not have occurred for at least one year.
The separation period may be accomplished
by living under the same roof, as long as
the spouses do not share bed or food.
Mediation 
In the District, mediation is used as an alternative to traditional divorce litigation (filing suit for divorce). The mediation intends to provide for a more impartial third-party consideration. The parties may have present attorneys, counselors or advisors during mediation. Costs associated with mediation are borne by the parties, and are in addition to other costs. At the conclusion of the meeting(s), the mediator drafts agreements that often include child support, custody, alimony and visitation and property division.
Alimony
Alimony in the District can be temporary or permanent. The court will consider the following criteria:
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The ability of the party seeking alimony to be to any degree self-sufficient.
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The estimated amount of time necessary to be positioned for self-sufficiency e.g. education or training and employment.
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Standard of living the couple experienced while married.
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The length of the marriage.
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Any circumstances during the marriage that may have contributed to the demise of the marriage.
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Age.
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Health.
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Ability to pay.
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The needs of each, and their respective financial positions.
If alimony isn’t gained during the divorce process, it may not be granted once the divorce is final.
Cohabitation with someone of the opposite sex could alter the conditions of alimony, including a reduction or elimination of it. The divorce decree should spell out whether the simple fact of cohabitation terminates alimony, or another condition applies.
Waiting
Period
No divorce may be granted until after the parties have been separated for a period of six months.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower.10 [Sources] Also, the higher rate of women initiators is probably due to the fact that men are more likely to be "badly behaved". |
Grandparents
Rights
Grandparents may petition the court for visitation. Consideration is always based on the best interests of the child:
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wishes of the parents and the child,
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Relationship of child with parents, siblings, and other significant persons;
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child’s adjustment to home, school and community;
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mental and physical health of all persons involved. The grandparent must submit an affidavit that they have been advised of the following children’s rights: "The right to a continuing relationship with both parents; (2) the right to be treated as an important human being, with unique feelings, ideas, and desires; (3) the right to continuing care and guidance from both parents; (4) the right to know and appreciate what is good in each parent without one parent degrading the other;
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the right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent;
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the right to know that the parents’decision to divorce was not the responsibility of the child;
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the right not to be a source of argument between the parents;
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the right to honest answers to questions about the changing family relationships;
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the right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans; and
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the right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other.
Dividing
Assets
 The District is an "equitable distribution" entity. Each party will retain those assets they brought into the marriage. Marital assets (and debts) will be divided in an equitable fashion, although not necessarily evenly.
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the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
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the length of the marriage;
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the occupation of the spouses;
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the vocational skills of the spouses;
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the employability of the spouses;
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the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;
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the assets and debts of the spouses;
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any prior marriage of each spouse;
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whether the property award is instead of or in addition to alimony;
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any custodial provisions for the children;
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the age and health of the spouses; and
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the amount and sources of income of the spouses. The conduct of the spouses during the marriage is not a factor for consideration.
Did you come into this marriage owning a house? Concerned
about the equity in that house that you brought into the marriage?
Here's how it works generally. What you brought into the marriage
is usually all yours. However, any appreciation of the house or the
property value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to a half of that appreciation
to your spouse in the divorce.
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