D.C. Code Title 16, Chapter 9 - Divorce, Annulment, Separation, Support

D.C. is a pure no-fault divorce jurisdiction. A divorce may be granted upon the assertion by one or both parties that they no longer wish to remain married — no separation period, no waiting period, and no proof of fault required. 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. Domestic partnerships may also be terminated by judicial decree.

Effective: 2025

At least one spouse must have been a bona fide resident of D.C. for at least 6 months before filing for divorce. Only one spouse needs to meet this requirement — the other may live anywhere. Military members stationed in D.C. for 6 continuous months qualify. A special provision allows same-sex couples married in D.C. to divorce there even if neither spouse is a D.C. resident, provided their home jurisdiction would not grant the divorce.

Effective: 2024

A marriage may be annulled as illegal and void based on grounds specified in D.C. Code §§46-401.01 and 46-403 that invalidate a marriage. These include marriages that violate legal requirements such as bigamy, lack of legal capacity, or fraud going to the essence of the marriage.

Effective: 2024

D.C. follows equitable distribution — not necessarily a 50/50 split. The court first assigns each spouse their separate property (pre-marriage assets, gifts, inheritances). Then it divides all marital property and debt in a manner that is 'equitable, just, and reasonable' based on 12 statutory factors including: duration of marriage, each party's income and employability, homemaker contributions, contributions to education, dissipation of assets, tax effects, and — as of January 2024 — any history of physical, emotional, or financial abuse. Pet animals may also be assigned based on the pet's care and best interest.

Effective: 2024

The court specifically examines each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation of marital assets. It also considers whether assets were acquired or debts incurred after separation, and the tax effects on property values. The court is not required to value a pension or annuity if it enters an order distributing future periodic payments instead.

Effective: 2024

The best interest of the child is the primary consideration in all custody decisions. D.C. has a rebuttable presumption that joint custody is in the child's best interest, unless there is evidence of domestic violence, child abuse, neglect, or parental kidnapping. The court evaluates at least 11 factors including each parent's wishes, the child's wishes (when appropriate), the child's relationships and adjustment, each parent's mental and physical health, evidence of intrafamily offenses, parental willingness to share custody, and geographic proximity of homes. Race, sex, sexual orientation, and gender identity cannot be conclusive factors.

Effective: 2024

The court may order each parent to submit a detailed parenting plan covering the child's residence, financial support, visitation schedules, holidays, transportation, education, religious training, medical decisions, and conflict resolution methods such as mediation. The court evaluates these plans alongside the best interest factors when fashioning the custody order and designates which parent(s) will make major decisions about the child's health, education, and welfare.

Effective: 2024

If a parent is found by a preponderance of evidence to have committed an intrafamily offense, any grant of custody or visitation to that parent must be supported by written findings. Visitation may only be awarded if the child and custodial parent can be adequately protected. The abusive parent bears the burden of proving that visitation will not endanger the child. No custody or visitation is allowed for a person convicted of first or second degree sexual abuse or child sexual abuse if the child was conceived from that offense.

Effective: 2024

After issuing a judgment granting custody, child support, or alimony, the court retains jurisdiction to enter future orders modifying or terminating the original judgment. This ensures the court can respond to changed circumstances affecting children or support obligations without requiring a new case to be filed.

Effective: 2024

A deploying military parent may file for an expedited hearing to obtain temporary custody or visitation orders. The court may not treat deployment or potential deployment as the sole factor in custody decisions, nor as a material change of circumstances by itself. The court may not issue a permanent modification of an existing custody order until at least 90 days after the military parent's deployment ends.

Effective: 2024

The court may award either spouse alimony if it is just and proper. Alimony may be indefinite or term-limited, and may be made retroactive to the filing date. The court considers all relevant factors including: the ability to be self-supporting, time needed for education or training, the marital standard of living, duration of the marriage, the history of physical, emotional, or financial abuse (added January 2024), each party's age and health, ability to pay, and each party's financial resources. D.C. has no formula — the judge has broad discretion over amount and duration.

Effective: 2024

When a parent fails to maintain their minor child, the court may order reasonable periodic support payments including health insurance and cash medical support. When a former spouse obtained a foreign ex parte divorce, the court may still decree spousal maintenance. Support orders are enforceable through wage withholding, attachment, garnishment, or imprisonment for disobedience. Employers may not fire or discipline employees because of a support garnishment.

Effective: 2024

D.C. uses the Income Shares Model for child support. Both parents' gross incomes are combined and applied to a schedule of basic child support obligations based on the number of children. Each parent's share is proportional to their percentage of the combined income. The guidelines do not apply presumptively when combined adjusted gross income exceeds $240,000/year. The self-support reserve is set at 133% of the federal poverty guideline. Income may be imputed to voluntarily unemployed or underemployed parents. Separate worksheets apply for sole physical custody (Worksheet A) and shared physical custody (Worksheet B).

Effective: 2024

Contains the Schedule of Basic Child Support Obligations (a table of combined-income-based support amounts by number of children), Worksheet A for sole physical custody calculations, and Worksheet B for shared physical custody calculations. These appendices provide the specific dollar amounts courts use to determine base child support obligations at each income level.

Effective: 2024

An award of alimony, child support, or maintenance becomes a vested money judgment when it becomes due — meaning past-due amounts cannot be reduced retroactively. Modifications to support orders may only be permitted for the period during which a petition for modification is pending. This prevents retroactive reduction of unpaid support obligations.

Effective: 2024

While a divorce is pending, the court may issue temporary orders including pendente lite alimony, child support (with health insurance), suit money and counsel fees, exclusive use of the family home, and child custody. The court may also enjoin disposal of property and order salary assignment for unpaid support. As of January 2024, the court considers alimony factors from §16-913(d) — including abuse history — when setting temporary alimony, and may make awards retroactive to the filing date.

Effective: 2024

A divorce decree may not be granted on default without proof — the plaintiff must present evidence even if the other spouse does not respond. Admissions in the defendant's answer alone are not sufficient proof of the grounds for divorce; independent evidence must be presented. This protects against collusive or uncontested divorces where claims are not substantiated.

Effective: 2024

A divorce decree becomes effective 30 days after it is docketed, providing a window for either party to appeal. If a stay application is denied, the decree becomes final immediately. If both parties wish the divorce to take effect sooner, they may file a Joint Waiver of Appeal, which makes the decree final upon docketing of the waiver. If a stay is granted, the decree remains suspended until the appeal concludes.

Effective: 2024

The court may revoke a legal separation decree at any time upon joint application of both parties. A legal separation may be converted ('enlarged') to an absolute divorce upon application by the party who received the separation decree, after serving the other party, if the court finds via affidavit that no reconciliation has occurred or is probable and separation has continued for 6 months voluntarily or 1 year without interruption.

Effective: 2024

D.C. provides Civil Protection Orders (CPOs) for victims of intrafamily violence, intimate partner violence, sexual assault, stalking, and trafficking. Any person age 16+ may petition; minors 13-15 may petition in certain situations. The court can issue ex parte temporary protection orders when safety is immediately endangered. A full CPO may last up to 1 year and can require the abuser to stay away, have no contact, vacate the home, attend counseling, and more. Violation is a criminal offense punishable by up to 180 days in jail. There is no fee to file.

Effective: 2024

D.C. adopted the Uniform Premarital Agreement Act. A prenuptial agreement must be in writing and signed by both parties, but requires no additional consideration beyond the marriage itself. The agreement is unenforceable if the challenging party proves they did not sign voluntarily, or that it was unconscionable and they lacked adequate financial disclosure. Parties may agree on property rights, support obligations, and other matters, but cannot adversely affect a child's right to support. If a provision eliminating spousal support would make one party eligible for public assistance, the court may override it.

Effective: 2024

Upon divorce, the court must — upon request — include in the divorce decree the birth-given name or other previous name that the party wishes to resume using. This eliminates the need for a separate name-change proceeding. The requesting party simply asks the court to include the name change as part of the divorce decree.

Effective: 2024

At the request of either party, the court may assign sole or joint ownership of a pet animal, taking into consideration the care and best interest of the pet. A 'pet animal' is defined as any animal that is community property and kept as a household pet. The court may also enter temporary orders regarding pet care during the divorce proceedings, before final ownership is determined.

Effective: 2024