Introduction
Filing for divorce in the District of Columbia has become significantly more straightforward in recent years. Thanks to landmark legislative changes that took effect on January 26, 2024, DC eliminated its separation requirements and simplified the grounds for divorce, making it one of the most streamlined jurisdictions in the country for ending a marriage. Whether you are just beginning to consider divorce or are ready to file, understanding DC's laws will help you navigate the process with confidence.
This guide covers everything you need to know about divorce in the District of Columbia — from the basic legal requirements and grounds for divorce to property division, child custody, spousal support, and the step-by-step filing process. While this resource provides a comprehensive overview, every divorce is unique, and consulting with a qualified family law attorney is strongly recommended.
Grounds for Divorce in the District of Columbia
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 when at least one party states under oath that the marriage is irretrievably broken. This is the sole ground for divorce in DC.
What Changed in 2024?
Prior to the 2024 amendments, DC required couples to live separate and apart for specific periods — six months if the divorce was by mutual consent, or one year if only one party sought the divorce. The new law completely eliminates these separation requirements. There is no longer any mandatory waiting period or separation period before or after filing.
No-Fault Divorce Only
DC operates as a purely no-fault divorce jurisdiction. This means that neither spouse needs to prove wrongdoing such as adultery, cruelty, or abandonment. The simple sworn statement that the marriage is irretrievably broken is sufficient. This approach reduces conflict, streamlines proceedings, and allows couples to focus on resolving practical matters like property division and custody rather than litigating blame.
Unilateral Filing
Importantly, only one spouse needs to believe the marriage is irretrievably broken. If one party wants a divorce, the court can grant it even if the other party disagrees. There is no requirement for mutual consent under the current law.
Residency Requirements
Before you can file for divorce in the District of Columbia, you must satisfy the jurisdiction's residency requirement. 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 filing of the complaint.
Key Points About Residency
- Only one spouse needs to meet the six-month residency requirement — not both.
- The residency must be bona fide, meaning genuine and continuous. Simply maintaining a mailing address in DC is not sufficient.
- Military personnel stationed in DC may qualify as bona fide residents depending on their circumstances, but they should consult an attorney for guidance specific to their situation.
- If neither spouse meets the residency requirement, you will need to wait until one of you has lived in DC for six months or file in a jurisdiction where the residency requirement is met.
Property Division
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 will distribute the couple's property in a manner that is equitable, just, and reasonable.
Equitable Does Not Mean Equal
It is important to understand that equitable distribution does not necessarily mean a 50/50 split. The court considers a variety of factors to determine what is fair under the circumstances. These factors typically include:
- The duration of the marriage
- The age, health, and occupation of each party
- Each party's income and earning capacity
- The contribution of each spouse to the acquisition, preservation, and appreciation of marital property (including homemaking and child-rearing contributions)
- Each party's assets, debts, and financial obligations
- Whether the property was acquired before or during the marriage
- Any other factors the court deems relevant to achieving a fair outcome
Marital vs. Separate Property
Generally, property acquired during the marriage is considered marital property and is subject to division. Property that was owned by one spouse before the marriage, or acquired during the marriage by gift or inheritance, is typically considered separate property and may not be divided — though it can sometimes be factored into the overall equitable distribution analysis.
The Family Home
The marital home is often the most significant asset in a divorce. The court may order the home to be sold and the proceeds divided, award the home to one spouse (often the custodial parent), or allow one spouse to buy out the other's interest. The best approach depends on the specific financial circumstances of both parties.
Child Custody and Support
Types of Custody
DC recognizes two forms of custody:
- Legal custody — the right to make major decisions about the child's life, including education, healthcare, and religious upbringing.
- Physical custody — where the child lives on a day-to-day basis.
Either form of custody can be awarded solely to one parent or shared jointly between both parents.
Best Interests of the Child
DC courts determine custody based on the best interests of the child standard. Factors the court considers include:
- The wishes of the child (if the child is of sufficient age and maturity)
- The wishes of each parent
- The child's relationship with each parent, siblings, and other significant individuals
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Each parent's capacity to facilitate a close and continuing relationship between the child and the other parent
- Any history of domestic violence or abuse
Child Support
Child support in DC is calculated using the income shares model, which considers both parents' gross incomes to determine the total support obligation. The amount is then divided between the parents proportionally based on their respective incomes. Additional factors, such as health insurance costs, childcare expenses, and extraordinary medical needs, may also be factored into the calculation.
The DC Child Support Guideline provides a formula, but the court retains discretion to deviate from the guideline amount when circumstances warrant it.
Spousal Support (Alimony)
Spousal support, also known as alimony, is not automatically awarded in DC divorces. The court may award support to either spouse based on a consideration of several factors, including:
- The ability of the requesting spouse to be wholly or partly self-supporting
- The time needed for the requesting spouse to gain education or training for appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of each spouse
- The financial needs and resources of each party
- Each party's contribution to the marriage, including homemaking and career sacrifices
Types of Spousal Support
DC courts may award several types of spousal support:
- Temporary support — awarded during the divorce proceedings to maintain the status quo
- Rehabilitative support — designed to support a spouse for a limited time while they gain the skills or education needed to become self-sufficient
- Indefinite support — awarded in longer marriages or when a spouse cannot reasonably be expected to become self-supporting due to age, health, or other factors
Spousal support can be modified if there is a substantial and material change in circumstances, unless the parties agreed otherwise in a settlement.
Filing Process
Here is a step-by-step overview of how to file for divorce in the District of Columbia:
Step 1: Confirm Eligibility
Ensure that at least one spouse has been a bona fide DC resident for at least six months.
Step 2: Prepare the Complaint
Draft a Complaint for Divorce. This document identifies both spouses, states that the marriage is irretrievably broken, and outlines what you are requesting regarding property division, custody, support, and other issues. DC Superior Court offers self-help resources and forms for unrepresented parties.
Step 3: File the Complaint
File the Complaint for Divorce with the Family Court of the DC Superior Court. You will need to pay the filing fee at the time of filing.
Step 4: Serve the Other Party
After filing, you must formally serve the other spouse with a copy of the Complaint and a Summons. Service must comply with DC rules — typically through personal service by a process server or by waiver of service if the other party agrees.
Step 5: Response
The other spouse has a set period (typically 21 days for DC residents, 60 days for out-of-state residents) to file a response or answer to the Complaint.
Step 6: Discovery and Negotiation
If the divorce is contested, both parties may engage in discovery — the exchange of financial information and documents. Many cases are resolved through negotiation, mediation, or settlement conferences without the need for trial.
Step 7: Final Hearing or Trial
If the parties reach an agreement, the court may hold a brief hearing to approve the settlement. If the case is contested, a trial will be scheduled at which a judge will decide all unresolved issues.
Step 8: Final Decree
Once all issues are resolved, the court enters a Final Decree of Divorce, officially ending the marriage.
Timeline and Costs
Filing Fees
The filing fee for a divorce in the District of Columbia typically ranges from $80 to $120 as of February 2026. Fees can vary, so it is advisable to verify the current amount with the Clerk of the DC Superior Court before filing. Fee waivers may be available for individuals who demonstrate financial hardship.
Estimated Timeline
- Uncontested divorce (both parties agree): As quickly as 60–90 days from filing, depending on the court's schedule.
- Contested divorce: Six months to over a year, depending on the complexity of the issues and the court's docket.
Since DC eliminated the mandatory separation period in 2024, there is no built-in waiting period that delays the process. This means uncontested divorces can move through the system relatively quickly.
Additional Costs
Beyond filing fees, potential costs include:
- Attorney fees (varies widely based on complexity)
- Process server fees ($40–$75)
- Mediation costs (if applicable)
- Fees for financial experts, custody evaluators, or appraisers (in complex cases)
Conclusion
Divorce in the District of Columbia has been significantly simplified by the 2024 legislative reforms. With a single no-fault ground, no mandatory separation period, and a streamlined process, DC offers one of the most accessible divorce frameworks in the United States. However, the financial, custodial, and emotional complexities of ending a marriage remain significant. Understanding your rights and obligations under DC law is the first step toward achieving a fair outcome.
Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures are subject to change, and individual circumstances vary. You should consult with a qualified family law attorney licensed in the District of Columbia before making any legal decisions. Filing fees and procedural details should be verified with the DC Superior Court, as they may have changed since the publication of this guide.