Divorce Laws in District of Columbia: Complete 2026 Guide

As of January 26, 2024, the District of Columbia has fundamentally simplified the grounds for divorce. Under the amended D.C. Code § 16-904(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. This is the sole ground for divorce in DC. There is no requirement to allege fault, irreconcilable differences, or any other specific reason for the marital breakdown. Prior to January 2024, DC law required that spouses either mutually and voluntarily live separate and apart without cohabitation for at least six months, or live separate and apart without cohabitation for one year (if the separation was not mutual), before filing for divorce. These separation-based grounds have been entirely eliminated by the new legislation. DC is now considered one of the most streamlined no-fault divorce jurisdictions in the United States. DC does not recognize any fault-based grounds for divorce such as adultery, cruelty, or abandonment. However, while fault is not a ground for obtaining a divorce, marital misconduct can still play a role in related determinations. Specifically, the 2024 amendments added a new factor requiring the court to consider 'the history of physical, emotional, or financial abuse by one party against the other' when deciding equitable distribution of property under D.C. Code § 16-910(a)(2)(L) and when making alimony awards under D.C. Code § 16-913(d)(5). The same simplified grounds also apply to legal separations. Under the amended law, a legal separation may be granted upon at least one party's assertion that they intend to pursue a separate life without obtaining a divorce. Additionally, these changes apply to the termination of domestic partnerships registered under D.C. Code § 32-702(a) or recognized under D.C. Code § 32-702(i).

Under D.C. Code § 16-902(a), 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 immediately preceding the commencement of the action. Only one spouse needs to meet this residency requirement — the other spouse may reside elsewhere, including outside DC. It does not matter where the marriage took place. There is a special provision for military personnel: under D.C. Code § 16-902(e), 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 their period of military service, they are deemed to be a DC resident for the purposes of filing for divorce. DC law also includes a unique exception for same-sex couples. Under D.C. Code § 16-902(b), an action for divorce or legal separation by same-sex spouses may be maintained even if neither party is a bona fide resident of DC, provided that (1) the marriage was performed in DC and (2) neither party resides in a jurisdiction that will maintain an action for divorce or legal separation. There is a rebuttable presumption that a jurisdiction will not maintain such an action if it does not recognize the marriage. For annulments, the residency requirements differ slightly. No action for annulment of a marriage performed outside DC shall be maintainable unless one of the parties is a bona fide resident of DC at the time the action is commenced. However, for annulment of a marriage performed within DC, the residence of the parties is not a factor in whether the action can proceed.

The District of Columbia follows the equitable distribution model for dividing property in a divorce. Under D.C. Code § 16-910, upon entry of a final decree of divorce, the court first assigns to each party their sole and separate property — meaning property acquired before the marriage, or property acquired during the marriage by gift, bequest, devise, or descent, and any increase thereof. All other property and debt accumulated during the marriage is then distributed in a manner that is 'equitable, just, and reasonable.' In determining what constitutes an equitable distribution, the court considers all relevant factors as set forth in D.C. Code § 16-910(a)(2), including: (A) the duration of the marriage; (B) the age, health, occupation, income, vocational skills, employability, assets, debts, and needs of each party; (C) provisions for custody of minor children; (D) whether the distribution is in lieu of or in addition to alimony; (E) each party's opportunity for future acquisition of assets and income; (F) each party's contribution as a homemaker or to the family unit; (G) any previous marriage or domestic partnership of either party; (H) whether property was acquired or debt incurred after separation; (I) the age and physical and mental condition of each spouse; (J) each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation of assets; (K) the effects of taxation; and (L) the circumstances that contributed to the estrangement of the parties, including the history of physical, emotional, or financial abuse by one party against the other. It is important to note that equitable does not necessarily mean equal. There is no presumption of a 50/50 split in DC. The court must engage in a conscientious weighing of all relevant factors and must provide specific findings supporting its distribution. The DC Court of Appeals has emphasized that the trial court cannot simply rely on joint title as a basis for equal distribution without analyzing all statutory factors. The 2024 amendments added factor (L) — consideration of abuse history — which is a significant change. Previously, the court only needed to consider whether there was a legal finding of an intrafamily offense. Now, the court must look more broadly at any history of physical, emotional, or financial abuse. The court also has authority to address the care and custody of pet animals during divorce proceedings under D.C. Code § 16-910(a)(3).

Alimony (spousal support) in the District of Columbia is governed by D.C. Code § 16-913. When a divorce or legal separation is granted, the court may require either party to pay alimony to the other if it seems just and proper. The award of alimony may be indefinite or term-limited and structured as appropriate to the facts of the case. The court has full discretion to determine the amount and duration of the award, and alimony may be retroactive to the date of the filing of the pleading that requests it. In making an alimony award, the court must consider all relevant factors necessary for a fair and equitable award under D.C. Code § 16-913(d), including but not limited to: (1) the ability of the party seeking alimony to be wholly or partly self-supporting; (2) the time necessary for the party to gain sufficient education or training to secure suitable employment; (3) the standard of living established during the marriage, giving consideration to the need to maintain two separate households; (4) the duration of the marriage; (5) the circumstances contributing to the estrangement of the parties, including the history of physical, emotional, or financial abuse by one party against the other; (6) the age of each party; (7) the physical and mental condition of each party; (8) the ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the other party; and (9) the financial needs and resources of each party. The 2024 amendments significantly expanded the abuse-related factor in alimony determinations. Previously, the court considered only whether there was a finding of an 'intrafamily offense.' Now, the court must consider any history of physical, emotional, or financial abuse — a broader and more protective standard, particularly for domestic violence survivors. DC also provides for pendente lite (temporary) alimony during the pendency of the divorce case under D.C. Code § 16-911. The court considers the same factors outlined in § 16-913(d) when determining temporary support. Additionally, the 2024 law expanded temporary relief to allow the court to award exclusive use of the family home to either party during litigation, regardless of how the property is titled. Alimony orders are enforceable through attachment, garnishment, or contempt proceedings.

Child custody in the District of Columbia is governed by D.C. Code § 16-914. The primary standard for all custody determinations is the best interest of the child. The court must make separate determinations regarding both legal custody (the right to make major decisions about the child's health, education, and welfare) and physical custody (the child's residency and visitation schedule). Available arrangements include sole legal custody, sole physical custody, joint legal custody, joint physical custody, or any other arrangement the court deems in the child's best interest. DC law establishes a rebuttable presumption that joint custody is in the best interest of the child, except where there is evidence of intrafamily violence, child abuse, or child neglect. When joint custody is not presumed, the court evaluates all relevant statutory factors under D.C. Code § 16-914(a)(3), including but not limited to: the wishes of the child (where practicable); the wishes of the parents; the child's interactions and relationships with parents, siblings, and significant others; the child's adjustment to home, school, and community; the mental and physical health of all individuals involved; evidence of intrafamily offenses; the parents' capacity to communicate and reach shared decisions; the willingness of each parent to share custody; the prior involvement of each parent in the child's life; the potential disruption of the child's social and school life; and the geographic proximity of the parents' homes. The court may order each parent to submit a detailed parenting plan addressing scheduling, holidays, decision-making responsibilities, communication protocols, and conflict resolution methods. The race, color, national origin, political affiliation, sex, sexual orientation, or gender identity of a party cannot, in and of itself, be a conclusive factor in custody decisions. If a parent has committed an intrafamily offense, the court shall only award visitation if it finds that the child and custodial parent can be adequately protected from harm. The court may also appoint a guardian ad litem (GAL) to represent the child's interests in contested custody proceedings. Modification of an existing custody order requires a showing of a material change in circumstances and a determination that the modification is in the child's best interest, using the same best-interest factors that apply to initial determinations.

To file for divorce in the District of Columbia, you begin by preparing and filing a Complaint for Absolute Divorce with the Family Court of the DC Superior Court. The primary filing location is the Family Court Central Intake Center at DC Superior Court, 500 Indiana Avenue, NW, Room JM-540, Washington, DC 20001. The office is open Monday through Friday, 8:30 a.m. to 5:00 p.m. You can also submit filings by email to FamilyCourtCIC@dscs.gov or through the court's electronic filing system. The filing fee for a divorce complaint in DC is approximately $80. If you cannot afford the filing fee, you may apply for a fee waiver by filing an Application to Proceed Without Prepayment of Costs, Fees, or Security (In Forma Pauperis). Additional costs may arise for service of process, motions, and other court filings. The DC Bar's Pro Se Family Law Pleadings website and the Family Court Self-Help Center (Room JM-570, phone 202-879-0096) offer free templates and step-by-step video guides for individuals representing themselves. After filing the complaint, you must serve your spouse with the divorce papers. Service can be accomplished through personal service by a process server, certified mail, or, with court permission, electronic means such as email or text message. You must file proof of service (an affidavit) with the court. Your spouse then has a set period to respond. If your spouse does not file an answer, you may seek a default judgment. If the divorce is uncontested and the parties have reached agreement on all issues (property, support, custody), the case may proceed relatively quickly through a consent hearing. If the case is contested, the court will set a scheduling conference and may order mediation through the Multi-Door Dispute Resolution Division. The court can issue temporary (pendente lite) orders for alimony, child support, custody, and exclusive use of the family home while the case is pending. Contested cases proceed through discovery, possible settlement negotiations, and ultimately trial if no agreement is reached. Divorce cases in the District of Columbia are handled exclusively by the Family Court of the Superior Court of the District of Columbia. The Family Court is a specialized division within the Superior Court, and its Domestic Relations Branch processes filings for divorce, annulment, legal separation, custody, visitation, child support, and related matters. The court is located at the Moultrie Courthouse, 500 Indiana Avenue, NW, Washington, DC 20001. The DC Superior Court is the trial-level court of general jurisdiction in the District of Columbia. Unlike states that have separate county courts, DC has a single unified court system. This means there is only one courthouse and one set of judges handling all divorce cases for the entire district. Cases are assigned to individual judges within the Domestic Relations Branch at the time of filing, and that judge generally handles the case from beginning to end. Appeals from the Family Court's decisions in divorce cases go to the District of Columbia Court of Appeals, which is the highest court in DC's local judicial system (equivalent to a state supreme court). Further appeal may be sought to the United States Supreme Court by petition for certiorari in rare cases. The DC court system also offers the Multi-Door Dispute Resolution Division, which provides free or low-cost mediation services to help divorcing parties resolve disputes outside of the courtroom. The Family Court Self-Help Center assists self-represented (pro se) litigants with information about forms, procedures, and court resources. The DC Bar Association also provides free pro se family law pleading templates developed in collaboration with the Family Court. These resources are particularly valuable given the cost of legal representation in the DC metropolitan area.

As of January 26, 2024, the District of Columbia has no mandatory waiting period or separation requirement before filing for divorce. This represents one of the most significant changes in DC's recent legal history. Under the amended D.C. Code § 16-904(a), a divorce may be granted simply upon the assertion by one or both parties that they no longer wish to remain married. No period of separation, cooling-off, or waiting is required. Prior to the 2024 amendments, DC required either (1) a mutual and voluntary separation of at least six months without cohabitation, or (2) a separation of at least one year without cohabitation if the separation was not mutual. Under the old law, spouses could live under the same roof during the separation period, but were required to pursue separate lives without sexual relations. These requirements have been entirely abolished. The elimination of the waiting period was a core objective of D.C. Act 25-322 (Elaine's Law), which the D.C. Council unanimously approved in November 2023. Advocates argued that the previous separation requirements created barriers for domestic violence victims who needed to end marriages quickly but could not safely or financially afford to live apart from their abusers for the required period. With this change, DC allows couples — or even just one spouse — to initiate and complete the divorce process without any mandated delay. While there is no legal waiting period, the practical timeline for completing a divorce still depends on whether it is contested or uncontested. An uncontested divorce can be completed in approximately 30 to 60 days after filing. Contested cases involving disputes over property, custody, or support may take six months to several years to resolve.