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Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
Superior Court of the District of Columbia
The DC Bar
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on the Net
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Columbia Pro Bono Library
State Statutory
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District of Columbia Official Code
Divorce Law
§ 16-902. Residence requirements.
No action for divorce or legal separation shall be maintainable unless one
of the parties to the marriage has been a bona fide resident of the District
of Columbia for at least six months next preceding the commencement of the
action. No action for annulment of a marriage performed outside the District
of Columbia or for affirmance of any marriage shall be maintainable unless
one of the parties is a bona fide resident of the District of Columbia at
the time of the commencement of the action. The residence of the parties to
an action for annulment of a marriage performed in the District of Columbia
shall not be considered in determining whether such action shall be
maintainable. If a member of the armed forces of the United States resides
in the District of Columbia for a continuous period of six months during his
or her period of military service, he or she shall be deemed to reside in
the District of Columbia for purposes of this section only.
§ 16-904. Grounds for divorce, legal separation,
and annulment. (abbreviated)
(a) A divorce from the bonds of marriage may be granted if:
(1) both parties to the marriage have mutually and voluntarily lived
separate and apart without cohabitation for a period of six months next
preceding the commencement of the action;
(2) both parties to the marriage have lived separate and apart without
cohabitation for a period of one year next preceding the commencement of the
action.
...
(c) For purposes of subsections (1) and (2) of paragraphs (a) and (b) of
this section, parties who have pursued separate lives, sharing neither bed
nor board, shall be deemed to have lived separate and apart from one another
even though:
(1) they reside under the same roof; or
(2) the separation is pursuant to an order of a court...
§ 16-906. Causes for absolute divorce arising after decree
for separation.
Where a legal separation has been decreed the court may
afterwards decree an absolute divorce between the parties for any cause
arising since the first decree and sufficient to entitle the complaining
party to the second decree.
...For further information, please refer to the District of Columbia
Official Code - Title 16
Getting An Uncontested Divorce
Uncontested Divorces in D.C.
What Might the Judge Ask Me at My Uncontested Divorce Hearing?
Can I Get a Divorce?
General Information About Divorce
Divorce in D.C.
Filing for Divorce
Serving the Divorce Papers On Your Spouse
Serving Divorce Papers If You Can't Locate Your Spouse
Filing Proof of Service in a Divorce Case
What Happens After I Have Served the Divorce Papers on My Spouse?
Marital Separation Agreements
Explained
Marriage and
Living Together Law
District
of Columbia Marriage License Law
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Child Support
§ 16-916. Maintenance of spouse and minor children;
maintenance of former spouse; maintenance of minor children; enforcement.
(a) Whenever a spouse or domestic partner shall fail or refuse to maintain
his or her needy spouse, domestic partner, minor children, or both, although
able to do so, or whenever any parent shall fail or refuse to maintain his
or her children by a marriage since dissolved, although able to do so, the
court, upon proper application and upon a showing of genuine need of a
spouse or domestic partner, may decree, pendente lite and permanently, that
such spouse or domestic partner shall pay reasonable sums periodically for
the support of such needy spouse or domestic partner and of the children, or
such children, as the case may be, and the court may decree that he or she
pay suit money, including counsel fees, pendente lite and permanently, to
enable plaintiff to conduct the case.
(b) Whenever a former spouse or domestic partner has obtained a foreign ex
parte divorce or termination of the domestic partnership, the court
thereafter, on application of the other former spouse or domestic partner
and with personal service of process upon such former spouse or domestic
partner in the District of Columbia, may decree that he or she shall pay him
or her reasonable sums periodically for his or her maintenance and for suit
money, including counsel fees, pendente lite and permanently, to enable
plaintiff to conduct the case.
(c) When a father or mother fails to maintain his or her minor child, the
Court may decree that the father or mother pay reasonable sums periodically
for the support and maintenance of the child, and that the father or mother
pay Court costs, including counsel fees, to enable plaintiff to conduct the
cases.
(c-1) A support order entered under this section shall contain terms
providing for the payment of medical expenses for each child included in the
support order, whether or not health insurance coverage is available to pay
for those expenses. The court may order either or both parents to provide
health insurance coverage for the child, or to pay the unreimbursed medical
expenses of the child. In all cases where health insurance coverage is
available to either or both parents at reasonable cost, the court shall
order either or both parents with health insurance coverage available to
provide the coverage, unless a party establishes that the provision of
health insurance coverage would be contrary to the best interests of the
child.
(c-2) In selecting among health insurance coverage options, the court shall
consider, at a minimum, the cost, comprehensiveness, accessibility, and
continuing availability of all health insurance coverage available to either
parent.
(c-3) For the purposes of this section, health insurance coverage shall be
considered reasonable in cost if it is employer-related or other group
health insurance coverage, regardless of the service delivery mechanism.
(d) The court may enforce any decree entered under this section in the same
manner as is provided in section 16-911.
(e)(1) In order to secure payment of overdue support as defined in section
466(e) of the Social Security Act approved August 16, 1984 (98 Stat. 1306;
42 U.S.C. 666(e)), after providing notice under subsection (b) of this
section, the Court shall, where appropriate, require the parent to post
security, bond, or give some other guarantee.
(2) The Court shall provide advance notice to the parent regarding the
delinquency of the support payment and the requirement of posting security,
bond, or guarantee. The notice shall inform the parent of the parent's
rights and the methods available for contesting the impending action.
(3) Where the Clerk of the Court determines that a parent is delinquent in
child support payments in an amount equal to at least 60 days of child
support payments, the Clerk of the Court shall notify the Mayor of the
parent's name, social security number, court docket number, and the amount
of the support payment delinquency.
(f) Any court order that establishes a retroactive amount of child support
or a judgment for unreimbursed public assistance shall be established in
accordance with section 16-916.01 and shall take into consideration either
the current earnings and income of the noncustodial parent at the time the
order is set or the earnings and income of the noncustodial parent during
the period for which retroactive child support or unreimbursed public
assistance is sought. To overcome the presumptive support amount, the court
may consider the obligor's ability to pay back support and concurrently
maintain current payments.
§
16-916.01. Child Support Guideline. (abbreviated)
(a) In any case brought under paragraph (1), (3), (10), or (11) of section
11-1101 that involves the establishment or enforcement of child support, or
in any case that seeks to modify an existing child support order, if the
judicial officer finds that there is an existing duty of child support, the
judicial officer shall conduct a hearing on child support, make a finding,
and enter a judgment in accordance with the child support guideline
("guideline") established in this section.
(b) The guideline shall be based on the following principles:
(1) The guideline shall set forth an equitable approach to child support in
which both parents share legal responsibility for the support of the child.
(2) The subsistence needs of each parent shall be taken into account in the
determination of child support.
(3) A parent has the responsibility to meet the child's basic needs as well
as to provide additional child support above the basic needs level. The
relative standard of living of each household shall be considered in the
child support award, and a child shall not bear a disproportionate share of
the economic consequences of the existence of 2 households rather than 1.
When child support is established, the child shall not live at a standard
substantially below that of the noncustodial parent.
(4) Application of the guideline shall be gender neutral.
(5) The guideline shall take into consideration the existence of a prior
child support order that is being paid by a parent or the obligation of a
parent to support a dependent child who lives in the parent's household.
(6) The guideline shall take into account the difference in cost to raise
children of different ages.
(7) The guideline shall be applied consistently whether or not the custodial
parent is a Temporary Assistance for Needy Families, or Program on Work,
Employment, and Responsibility recipient.
(8) The guideline shall be applied presumptively.
(c) For purposes of this section, the term "gross income" means income from
any source, including, but not limited to:
(1) Salary or wages, including overtime, tips, or income from
self-employment;
(2) Commissions;
(3) Severance pay;
(4) Royalties;
(5) Bonuses;
(6) Interest or dividends;
(7) Income derived from a business or partnership after deduction of
reasonable and necessary business expenses, but not depreciation;
(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, if the
capital gains represent a regular source of income;
(17) Spousal support received from any person;
(18) A contract that results in regular income;
(19) A perquisite or in-kind compensation if the perquisite or in-kind
compensation is significant and represents a regular source of income or
reduces living expenses, such as use of a company car or reimbursed meals;
(20) Income from life insurance or an endowment contract;
(21) Regular income from an interest in an estate, directly or through a
trust;
(22) Lottery or gambling winnings that are received in a lump sum or in an
annuity;
(23) Prize or award;
(24) Net rental income after deduction of reasonable and necessary operating
costs, but not depreciation; or
(25) Taxes paid on a party's income by an employer or, if the income is
nontaxable, the amount of taxes that would be paid if the income were
taxable.
(c-1) Spousal support paid by the party to the child support order to the
other party shall be deducted from the gross income of the paying party.
(d) A prior child support order that is being paid shall be deducted from a
parent's income before the child support obligation is computed in the
instant case.
(e)(1) The guideline shall have 5 income levels with a different percentage
applied at each level.
(2) In level 1, a noncustodial parent with income of $7,500 or below shall
be considered unable to contribute the guideline percentage. A noncustodial
parent with gross income below $7,500 shall be treated on an individual
basis and, in nearly all cases, shall be ordered to pay at least a nominal
sum of $50 per month. If the individual circumstances permit, a noncustodial
parent with an income below $7,500 shall be ordered to contribute more.
(3) In level 2, a noncustodial parent with income that is not less than
$7,501 and not more than $15,000 per year, and whose income with application
of the guideline will not be below the poverty level, shall contribute the
following percentage of income for basic child support:...
...For further information, please refer to the District of Columbia
Official Code - Title 16
District of
Columbia Child Support Calculator - by AllLaw.com
Frequently Asked Questions About Child Support
Beginnning the Child Support Process
Child Support in D.C.
Child Support Guidelines
- from SupportGuidelines.com
Child Custody
and Visitation Law
§ 16-914. Custody of children.
(a)(1)(A) In any proceeding between parents in which the custody of a child
is raised as an issue, the best interest of the child shall be the primary
consideration. The race, color, national origin, political affiliation, sex,
or sexual orientation of a party, in and of itself, shall not be a
conclusive consideration. The Court shall make a determination as to the
legal custody and the physical custody of a child. A custody order may
include:
(i) sole legal custody;
(ii) sole physical custody;
(iii) joint legal custody;
(iv) joint physical custody; or
(v) any other custody arrangement the Court may determine is in the best
interest of the child.
(B) For the purposes of this paragraph, the term:
(i) "Legal custody" means legal responsibility for a 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.
(ii) "Physical custody" means a child's living arrangements. The term
"physical custody" includes a child's residency or visitation schedule.
(2) Unless the court determines that it is not in the best interest of the
child, the court may issue an order that provides for frequent and
continuing contact between each parent and the minor child or children and
for the sharing of responsibilities of child-rearing and encouraging the
love, affection, and contact between the minor child or children and the
parents regardless of marital status. There shall be a rebuttable
presumption that joint custody is in the best interest of the child or
children, except in instances where a judicial officer has found by a
preponderance of the evidence that an intrafamily offense as defined in D.C.
Official Code section 16-1001(5), an instance of child abuse as defined in
section 102 of the Prevention of Child Abuse and Neglect Act of 1977,
effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code §
4-1301.02), an instance of child neglect as defined in section 2 of the
Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993,
effective October 5, 1993 (D.C. Law 10-56; D.C. Official Code § 4- 1341.01),
or where parental kidnapping as defined in D.C. Official Code section
16-1021 through section 16-1026 has occurred. There shall be a rebuttable
presumption that joint custody is not in the best interest of the child or
children if a judicial officer finds by a preponderance of the evidence that
an intrafamily offense as defined in D.C. Official Code section 16-1001(5),
an instance of child abuse as defined in section 102 of the Prevention of
Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law
2-22; D.C. Official Code § 4-1301.02), an instance of child neglect as
defined in section 2 of the Child Abuse and Neglect Prevention Children's
Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C.
Official Code § 4-1341.01), or where parental kidnapping as defined in D.C.
Official Code section 16-1021 through section 16-1026 has occurred.
(3) In determining the care and custody of a child, the best interest of the
child shall be the primary consideration. To determine the best interest of
the child, the court shall consider all relevant factors, including, but not
limited to:
(A) the wishes of the child as to his or her custodian, where practicable;
(B) the wishes of the child's parent or parents as to the child's custody;
(C) the interaction and interrelationship of the child with his or her
parent or parents, his or her siblings, and any other person who may
emotionally or psychologically affect the child's best interest;
(D) the child's adjustment to his or her home, school, and community;
(E) the mental and physical health of all individuals involved;
(F) evidence of an intrafamily offense as defined in section 16-1001(5);
(G) the capacity of the parents to communicate and reach shared decisions
affecting the child's welfare;
(H) the willingness of the parents to share custody;
(I) the prior involvement of each parent in the child's life;
(J) the potential disruption of the child's social and school life;
(K) the geographic proximity of the parental homes as this relates to the
practical considerations of the child's residential schedule;
(L) the demands of parental employment;
(M) the age and number of children;
(N) the sincerity of each parent's request;
(O) the parent's ability to financially support a joint custody arrangement;
(P) the impact on Temporary Assistance for Needy Families, or Program on
Work, Employment, and Responsibilities, and medical assistance; and
(Q) the benefit to the parents.
(a-1) For the purposes of this section, if the judicial officer finds by a
preponderance of evidence that a contestant for custody has committed an
intrafamily offense, any determination that custody or visitation is to be
granted to the abusive parent shall be supported by a written statement by
the judicial officer specifying factors and findings which support that
determination. In determining visitation arrangements, if the judicial
officer finds that an intrafamily offense has occurred, the judicial officer
shall only award visitation if the judicial officer finds that the child and
custodial parent can be adequately protected from harm inflicted by the
other party. The party found to have committed an intrafamily offense has
the burden of proving that visitation will not endanger the child or
significantly impair the child's emotional development.
(a-2) Repealed.
(b) Notice of a custody proceeding shall be given to the child's parents,
guardian, or other custodian. The court, upon a showing of good cause, may
permit intervention by any interested party.
(c) In any custody proceeding under this chapter, the Court may order each
parent to submit a detailed parenting plan which shall delineate each
parent's position with respect to the scheduling and allocation of rights
and responsibilities that will best serve the interest of the minor child or
children. The parenting plan may include, but shall not be limited to,
provisions for:
(1) the residence of the child or children;
(2) the financial support based on the needs of the child and the actual
resources of the parent;
(3) visitation;
(4) holidays, birthdays, and vacation visitation;
(5) transportation of the child between the residences;
(6) education;
(7) religious training, if any;
(8) access to the child's educational, medical, psychiatric, and dental
treatment records;
(9) except in emergencies, the responsibility for medical, psychiatric, and
dental treatment decisions;
(10) communication between the child and the parents; and
(11) the resolution of conflict, such as a recognized family counseling or
mediation service, before application to the Court to resolve a conflict.
(d) In making its custody determination, the Court:
(1) shall consider the parenting plans submitted by the parents in
evaluating the factors set forth in subsection (a)(3) of this section in
fashioning a custody order;
(2) shall designate the parent(s) who will make the major decisions
concerning the health, safety, and welfare of the child that need immediate
attention; and
(3) may order either or both parents to attend parenting classes.
(e) Joint custody shall not eliminate the responsibility for child support
in accordance with the applicable child support guideline as set forth in
section 16-916.01.
(f)(1) An award of custody may be modified or terminated upon the motion of
one or both parents, or on the Court's own motion, upon a determination that
there has been a substantial and material change in circumstances and that
the modification or termination is in the best interest of the child.
(2) When a motion to modify custody is filed, the burden of proof is on the
party seeking a change, and the standard of proof shall be by a
preponderance of the evidence.
(3) The provisions of this chapter shall apply to motions to modify or
terminate any award of custody filed after April 18, 1996.
(g) The Court, for good cause and upon its own motion, may appoint a
guardian ad litem or an attorney, or both, to represent the minor child's
interests.
(h) The Court shall enter an order for any custody arrangement that is
agreed to by both parents unless clear and convincing evidence indicates
that the arrangement is not in the best interest of the minor child.
(i) An objection by one parent to any custody arrangement shall not be the
sole basis for refusing the entry of an order that the Court determines is
in the best interest of the minor child.
(j) The Court shall place on the record the specific factors and findings
which justify any custody arrangement not agreed to by both parents.
...For further information, please refer to the District of Columbia
Official Code - Title 16
Child Custody and Visitation in D.C.
General Information About Custody
Child Custody
Resources
FAQ on Child
Custody and Visitation
Property
Division
§
16-910. Assignment and equitable distribution of property.
Upon entry of a final decree of legal separation, annulment, or divorce, or
upon the determination of a domestic partnership pursuant to § 32-702 and
the filing of a petition for relief under this section, in the absence of a
valid antenuptial or postnuptial agreement resolving all issues related to
the property of the parties, the court shall:
(a) assign to each party his or her sole and separate property acquired
prior to the marriage or domestic partnership, and his or her sole and
separate property acquired during the marriage or domestic partnership by
gift, bequest, devise, or descent, and any increase thereof, or property
acquired in exchange therefor; and
(b) value and distribute all other property and debt accumulated during the
marriage or domestic partnership that has not been addressed in a valid
antenuptial or postnuptial agreement or a decree of legal separation,
regardless of whether title is held individually or by the parties in a form
of joint tenancy or tenancy by the entireties, in a manner that is
equitable, just, and reasonable, after considering all relevant factors,
including, but not limited to:
(1) the duration of the marriage or domestic partnership;
(2) the age, health, occupation, amount, and sources of income, vocational
skills, employability, assets, debts, and needs of each of the parties;
(3) provisions for the custody of minor children;
(4) whether the distribution is in lieu of or in addition to alimony;
(5) each party's obligation from a prior marriage, a prior domestic
partnership, or for other children;
(6) the opportunity of each party for future acquisition of assets and
income;
(7) each party's contribution as a homemaker or otherwise to the family
unit;
(8) each party's contribution to the education of the other party which
enhanced the other party's earning ability;
(9) each party's increase or decrease in income as a result of the marriage,
the domestic partnership, or duties of homemaking and child care;
(10) each party's contribution to the acquisition, preservation,
appreciation, dissipation, or depreciation in value of the assets which are
subject to distribution, the taxability of these assets, and whether the
asset was acquired or the debt incurred after separation;
(11) the effects of taxation on the value of the assets subject to
distribution; and
(12) the circumstances which contributed to the estrangement of the parties.
(c) The Court is not required to value a pension or annuity if it enters an
order distributing future periodic payments.
...For further information, please refer to the District of Columbia
Official Code - Title 16
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