District of Columbia Divorce Recovery

If this is your first time through the process of divorce, you'll need to know what to expect in order to reduce your anxiety. Consider getting this helpful guide. Okay, now take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. Don't forget to chat here. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Washington DC divorce laws, DC divorce laws, or District divorce laws allow that 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 guidelines. 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.

• District (DC) Free Divorce Clinic
• District (DC) Conflict Resolution   Program
• District (DC) Child Support Calculator
• District (DC) Coalition Against Domestic Violence
• State Fact Sheets for Grandparents and Other Relatives Raising Children

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 two households rather than one 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

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guideline will take into account the difference in cost to raise children of different ages.

Washington DC (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.

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Child Custody

Chances are you and your not so loving spouse have discussed who gets the kids, and maybe even discussed (argued about?) sole custody. As in the case of child support, D.C. child custody gets determined with "the best interests of the child" considered first. 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:

1. The wishes of the parents;
2. The wishes of the child;
3. Relationship of the child with parents, grandparents, siblings and any other person whose relationship significantly affects the child;
4. The child's adjustment to home, school

and community;
5. The physical and mental health of all parties; and,
6. Evidence of domestic violence

While child custody is based on Washington DC divorce statutes, the courts have flexibility to award child custody outside those guidelines, and must provide evidence supporting such a ruling.

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Visitation/Co-Parenting

In the District of Columbia, a court will enter an order for any custody arrangement that is agreed to by both parents unless it becomes obvious the plan is not in the best interest of the child. In general, this arrangement is known as the visitation agreement, or custody agreement. A custody order may include:
sole legal custody,
sole physical custody,
joint legal custody,
joint physical custody, or
any other custody arrangement the court may determine is in the

best interest of the child.The term "legal custody" includes the right to make decisions regarding that child's health, education and general welfare, the right to access the child's educational, medical, psychological, dental or other records, and the right to speak with and obtain information regarding the child from school officials, health care providers, counselors or other persons interacting with the child. The non-custodial will get visitation that in most cases includes every other weekend (or two weekends per month), one non-overnight weekday visit, alternating holidays

and a number of weeks in summer. Don't get hung up on whether you have joint legal or joint physical. The rights and responsibilities described in the final divorce decree matter much more so.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

Alimony in Washington DC (the District) can be temporary or permanent. The court will consider the following criteria:

1. The ability of the party seeking alimony to be to any degree self-sufficient.
2. The estimated amount of time necessary to be positioned for self-sufficiency e.g. education or training and employment
3. Standard of living the couple experienced while married
4. The length of the marriage.
5. Any circumstances during the marriage that may have contributed to the demise of the marriage

6. Age
7. Health
8. Ability to pay
9. The needs of each, and their respective financial positions

If alimony (which can also be called spousal support or maintenance) 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.

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You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

For a FREE email series on The 10 Worst Mistakes You Can Make In Your Divorce, go to www.HappilyDivorced.org

Grounds For Divorce

6 months. Cohabitation will not have occurred for at least one year. The separation period which completes the grounds may be accomplished by living under the same roof, as long as the spouses do not share bed or food.

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Marriage Annulment
Marital Annulment

A marriage annulment is where a court declares that a marriage does not exist. Or never existed. In a marriage annulment, the court declares that the marriage never took place. In the District, there are a number of grounds for an annulment.

Someone marries someone who is already married (bigamy),
Someone marries someone who is insane,
Where a marriage was obtained by fraud or force,
Underage (below 16),
One marries a blood relative or
One didn't understand what they were doing when they got married. In order to get a marriage

annulment decreed from the courts, one needs to demonstrate one of these grounds is true. An Annulment is more difficult to come by than divorces. One must convince the court that a marital annulment is appropriate and demonstrate that a ground for annulment existed.

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Marriage Counseling/
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. Marriage counseling can be suggested if it appears the parties may benefit from the experience.

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Legal Separation/Marital Separation

District of Columbia law also allows a couple to seek a court recognized separation, called a legal separation. A legal separation is usually sought by one of the parties that wants to terminate the relationship but wishes that the status not be interrupted for

religious or health care insurance coverage reasons. A legal separation is sometimes referred to as a marital separation, although a marital separation can occur by simply splitting up while a legal separation requires a written separation agreement and the court's involvement. One party must petition the court and request a legal

separation and request that the court decide certain issues-such as child custody, child support, and property issues. Couples that are looking to use a separation as the basis for a divorce need not move out of the marital home. They must live separate lives and not share a bed, however.

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Waiting Period

No divorce may be granted until after the parties have been separated for a period of six months. Many states impose a waiting period, which serves

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Grandparents Rights

Federal law and District divorce law allow grandparents to petition the court for visitation. Consideration is always based on the best interests of the child. If the court see that it will benefit to the child

and not cause an undue burden to the parents of the child, it will rule in favor of visitation. We here at DRS also suggest that grandparents initiate a request to have the children remain in their lives while the children's parents are still in the process of divorce.

Typically this can reduce legal costs as opposed to waiting until after the divorce, and initiating an action.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

You and your spouse get an opportunity to reach a divorce settlement with respect to marital assets and debt. Should you not be able to reach a divorce settlement, the court will divide your assets based on 'equitable distribution'. 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:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker

2. the length of the marriage
3. the occupation of the spouses
4. the vocational skills of the spouses
5. the employability of the spouses
6. the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
7. the assets and debts of the spouses
8. any prior marriage of each spouse
9. whether the property award is instead of or in addition to alimony
10. any custodial provisions for the children
11. the age and health of the spouses; and
12. 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? Worried a divorce settlement will take away what was originally yours? 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 have to give up ahalf of that appreciation to your spouse in the divorce.

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Residency Requirements

At least one of the parties to the marriage must be a bona fide resident of Washington DC ( District of Columbia) for at least six months preceding the filing.

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