The Basics of Legal Separation in Washington, D.C
What is a Legal Separation?
Understanding Legal Separation in Washington, D.C.
When people speak about separation at the courthouse, they are almost always referring to legal separation. In a sense, legal separation is like a divorce – it results in one legal document that ends the marriage – or at least ends the marriage as far as the law is concerned. However, just as the ending of a marriage does not mean that the marriage licenses stopped existing on their own, the separation of a marriage with a legal separation does not mean that it never happened, even from a legal standpoint in D.C. The marriage still existed; the spouse is still entitled to all of the rights and benefits of a legally married spouse; and until the separation, there still remains the possibility of reconciliation. A legal separation is given legal status only when it is in writing and is approved by the court. One of the reasons for legal separation is that many people do not believe that they can actually go through with a divorce . For those that continue to believe that their spouses can turn over a new leaf in the future, legal separation allows those in the District of Columbia to keep their options open. Although legal separation is similar in many ways to divorce, most notably in its results, the legal process for either one is slightly different. For the most part, when a marriage ends in the District of Columbia, there is an automatic conversion into a divorce. In other words, persons who separate may wish to start their divorce with a legal separation and change it over later, but they will almost never have to do so. The same cannot be said when the first action filed is a legal separation. A person who files for divorce after filing for separation will have to file a motion for conversion. Another option available to some couples is to separate for six months and then go straight to divorce without having any additional action. The reason for this ‘zipping’ process is that, for a certain period of time, if someone has filed for legal separation, they can later file a divorce and skip a lot of extra court time.
Process for Legal Separation in the District of Columbia
The process of obtaining a legal separation in Washington D.C. is handled through the Superior Court of the District of Columbia. In Washington, D.C., there is no requirement that couples be separated before they can obtain a divorce, but many people have a strong desire to seek the step of legal separation because of its advantages.
One question that many people have is how is legal separation accomplished? To obtain a legal separation in Washington, D.C., you must file an action and essentially go through the same divorce process and schedule, except that you are not suing for the actual divorce. Like a divorce action, the legal separation requires you to file for it, serve the other spouse, engage in discovery if needed, and possibly go to a temporary hearing and/or final hearing to obtain the legal separation. The steps involved in obtaining a legal separation are as follows:
1) Preconditions: In order to file for legal separation in Washington, D.C., you must have valid grounds (unlike some states which allow for a no-fault legal separation) for your separation and essentially you must be separated. In D.C. the grounds for legal separation are the same grounds for divorce and include but are not limited to:
(a) adultery (you are not required to wait six months to file);
(b) abandonment (you need to be apart one year to file);
(c) extreme cruelty; or
(d) irreconcilable differences.
- File and serve the action. Once you have grounds then you would file a Complaint for Divorce/Legal Separation with the D.C. Superior Court that lists your grounds for legal separation and serving your spouse under the same time frames (typically within 90 days) as provided in D.C. Law. You may also need to file a financial statement.
- Temporary hearing. The parties may need to have a case conference with the court to schedule a possible temporary hearing regarding temporary custody, child support, alimony/spousal support or divide property so there would be a full hearing where you could introduce witnesses (if desired) to help prove your case. If there is no need for a temporary hearing and you are amicable in terms of the separation, you may not need to have a hearing at all.
- Final hearing. If the parties are able to reach an agreement, they may be able to submit a Consent Judgment of Legal Separation, however, if the parties cannot agree, you would go to a final hearing where again you could introduce witnesses, testimony and/or an update on the status of the case and possibly present an agreement to the court.
Why Choose to Legally Separate Instead of Getting Divorced
There are a variety of reasons one may choose legal separation in Washington, D.C. as opposed to divorce. Those who hold strong religious beliefs regarding divorce may prefer legal separation, as it allows them to live apart from their spouse, while still being legally married. Other individuals may have religious or personal objections to getting a divorce, and so legal separation is a much more appropriate option for them.
Separating from their spouse, with the potential of reconciling later on, may be the primary reason for some people to choose legal separation over divorce. For others, there may be financial benefits to obtaining a legal separation before filing for divorce that makes the most sense — perhaps the couple possesses more in assets than they can keep after splitting, and by separating, they may be able to avoid a long and expensive lawsuit and live separately for a time during which they can work out their financial concerns amicably.
Many couples may desire a trial period of legal separation before obtaining a divorce to see if there is any chance of reconciling their marriage, or because they are not unhappy enough with their relationship to call it quits forever. Legal separation can last as long as the couple desires, provided they do not file for divorce during that time.
Legal Separation Issues in the District of Columbia
Although a legal separation is generally seen as a less permanent option to divorce, it is still a legally binding process that requires the separation agreement to be addressed by the court and the court to approve the dissolution of the marriage. Under Washington, D.C. law, in order to obtain a legal separation, both parties must have lived apart for at least six months. However, there is an exception to this rule-if one or both parties are forced to live apart due to physical violence or a threat of physical violence.
The key issues that need to be addressed in a legal separation are child custody and child support if applicable; property division; alimony or spousal support; and debt allocation.
Traditionally, alimony is meant to help a spouse to meet their minimum reasonable needs. As is the case with many states, in Washington, D.C., a judge may award alimony in order to provide support to a dependent spouse when the other spouse has the resources to pay. Washington, D.C. Revised Statute § 16-910 sets forth the factors that the judge must take into consideration when making a decision about alimony. Washington, D.C. law allows the court to consider any other factor that the court considers necessary and relevant to make the determination. Alimony will end upon the issuance of a court order; on the date on which a party being paid alimony remarries; on the date on which a party being paid alimony enters into a new relationship that severe intimacy and the parties have cohabitated for 90 days, or proves that they are living in a manner analogous to marriage; or the death of either party.
Legal Rights and Responsibilities when Separating
The legal concept of separation can be hard to fathom for those unfamiliar with family law. It is common in Washington, D.C. for husbands and wives to continue to live together as a married couple without an identifiable separation. However, once you begin to contemplate divorce, separates and single household living arrangements seem to begin to make more sense. When spouses decide that they wish to live apart, however, they must decide how their finances and parental duties will be arranged. The law here in the District of Columbia provides individuals with certain rights and obligations as they pertain to their separation – typically through a separation agreement or through terms established by the Court. When parties do not agree, and the Court creates the order, both parties are legally obligated to comply with the issued attorney. But what do these court orders or separation agreements look like? Today, we will dive into this issue: Are spouses allowed to continue to live together? Who is responsible for paying the mortgage and other bills? How should parenting duties be divided during the period of separation? When spouses separate in Washington, D.C., voluntary or otherwise, the Family Court here provides them with certain rights and obligations. When it comes to the home, typically, the parties are no longer required to share the home, and once the parties reach a degree of separation – e.g. have separate living quarters – then they are free to reside within different jurisdictions, such as Maryland or Virginia. Spouses living under the same roof in Washington, D.C. can be required to share certain bills, such as the mortgage or guard their assets from being dissipated. Even if they are not living physically apart, the parties may be ordered to stop dissipating marital assets . Prior to a legal separation, it is important to discuss your individual circumstances with your attorney. If parties cease sharing the home, who is responsible for paying the mortgage? Must the parties continue to pay insurance? What happens if one party wishes to sell the home and the other does not? It is all about protecting your interests. If your spouse is being less than cooperative and you are not on the deed, for example, you will want to ensure that you are compensated fairly for your portion of the equity in the home. Oftentimes, the court may impose a partition sale on the parties in order to protect the equity and allow each party to receive equal share in the property. Separation agreements tend to come into play even prior to a formal divorce in Washington, D.C. When parties decide that they will separate and that they will not engage in the litigation process, they oftentimes will draft a separation agreement. In this document, the parties will identify property division, parental responsibilities, and support considerations, among other things. This way, the parties have an enforceable contact to add clarity to what previously may have been a very ambiguous situation. These documents work to set a Floor under the affairs of the household by getting the parties to _commit_ to certain bills, parenting roles, and the rest of their domestic lives. Once separation agreements have been reached, the final divorce paperwork can move forward efficiently. Washington, D.C. law provides individuals with certain rights and obligations as it pertains to their domestic relationships. The courts and administrative agencies are essential tools put in place to help protect individuals and keep the status quo, all while working towards an eventual final resolution, such as a divorce or annulment.
How to Modify or Terminate a Legal Separation
In some instances, spouses leave a relationship without pursuing the dissolution of the marriage. Instead, they legally separate, which means that they formally agree to live apart as part of a legal agreement. This will be documented with the court through the filing of a separation agreement, and by signing the separation agreement both spouses agree to its terms and conditions. Thus, they are bound by the provisions of the separation agreement like the provisions of a divorce decree. Like other legal agreements, you can modify or end a legal separation. However, if you do so, you will be getting a divorce instead of a legal separation. In other words, you can’t go from a legal separation to an annulment or a new marriage contract with your current spouse.
The legal separation agreement outlines the allocation of property, financial support and custody of children. When you want to stop living under this agreement, you legally end the contract. This is also subject to court approval as part of a consent order. At this point, you or your spouse can file for an at-fault or no-fault divorce. The most common from of divorce from a legal separation is to go with a no-fault style. Other reasons include:
Like a legal separation agreement, the spouses can negotiate the terms of the divorce based on the dissolution of the legal separation agreement.
Where to Get Legal Help After a Separation in D.C
Finding Legal Assistance for Separation in Washington, D.C.
Seeking out the assistance of an experienced attorney is crucial when pursuing a legal separation in Washington, D.C. This will provide you with the best chance to pursue a legal separation and move on from your marriage in a way that is financially sound and protects your interests both now and in the future.
Your attorney should be well-versed in all aspects of family law, and should be able to help you in filing a formal petition for legal separation, go through mediation with your spouse, pursue child support and custody issues, and negotiate the division of assets. It is also beneficial for your attorney to have a strong working relationship with other professionals in order to further assist you, such as real estate agents, brokers, financial analysts and accountants.
Before choosing an attorney to represent your legal needs, it is important to ask questions about your case first . You should ask about their experience with similar cases, and for a written contract that outlines their fees and the number of hours your case may take. Additionally, it is important to understand what elements your attorney will be charging for, such as telephone calls, letters and court appearances.
An attorney can be a valuable asset as you pursue greater insight into your case. This is especially important as you pursue requests for spousal support or requests for the receipt of spousal support in Washington, D.C. If you pursue a long-term legal separation, you may need to go back to court after a certain amount of time in order to have the separation period made permanent. Although this process is not as time-consuming as a dissolution of marriage, it’s still advisable to seek out the assistance of an attorney to demonstrate to the court that a dissolution is in your best interests.