In 2023, the District of Columbia amended its divorce laws to make divorce even easier to obtain. Under the old law, a couple could obtain a divorce if they were
- In agreement and lived separate and apart for six months preceding the start of the divorce case; OR
- Were not in agreement and lived separate and apart without cohabitation for a period of one year preceding the filing of the divorce case.
The new law eliminates both of these waiting periods. Now, D.C. couples can get divorced without a waiting period by simply stating that they no longer wish to be married. The relevant statutory section now states: “(a) A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married.” Note that in D.C., a couple does not even need to allege “irreconcilable differences.” It is believed that D.C. is the first legal jurisdiction to allow divorce based on a wish not to remain married.
Advocates of the law argued that eliminating the waiting period would help victims of domestic violence more quickly leave abusive spouses. The D.C. City Council unanimously approved the bill in November 2023, and the new law went into effect on January 26, 2024.
If you need help with your divorce in the District of Columbia, call experienced and top-rated Maryland and DC divorce attorneys like those at The Law Offices of Thomas Stahl. We can help with divorce proceedings in the District of Columbia and also in Maryland.
The new law also amended D.C.’s divorce laws in two other important respects. With respect to alimony and division of marital property, the new law requires that D.C. divorce courts take into account any “history of physical, emotional or financial abuse by one party against the other.” This is an important change since consideration of abuse is now required to be considered.
Many D.C. divorce courts already took abuse and allegations of abuse into account, but now, this is an explicit statutory requirement. In addition, D.C. divorce courts are now explicitly authorized to issue orders with respect to which spouse may continue to reside in the marital home (or other real properties) during the divorce proceeding itself. Prior to the change, the D.C. divorce court certainly had the power to award possession of real property AT THE END of the divorce. However, during the divorce itself, the court’s power over real property was less clear. That issue is now resolved.
A six-month residency is still required before filing for divorce in D.C.
It should be understood that the new law that eliminates the waiting period for getting a divorce does NOT change the residency requirements for filing a divorce in D.C. In D.C., one spouse MUST have been a resident of the District of Columbia for six months before the filing of the divorce papers. This is a requirement separate and apart from whether the spouses have lived separate and apart for six months or more.
Maryland And D.C. Family Law Attorneys
Contact the seasoned and experienced Maryland and D.C. family law lawyers at The Law Offices of Thomas Stahl for more information. We have the skills and expertise you need. We have proven experience with family law for Maryland and the District of Columbia. Schedule a consultation today or call us at (443) 331-2770. We have offices in Columbia, MD, and Washington, DC.
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