Carolyn Goodman

Attorney At Law

How is Property Divided in a DC Divorce or Separation?

By Carolyn Goodman

A concern for anyone going through a separation or divorce is how the property, bank accounts, and other assets you have will be divided when you separate. The first step in the process is figuring out whether the property you have is marital property or separate property.

According to Washington, DC law, if it was accumulated during your marriage, it is marital property in DC.

Marital property in a DC divorce usually includes the assets and debts you acquire during your marriage — it does not matter how something is titled.

If it is a debt accumulated during the marriage, it will be considered marital debt. An example of marital property in DC that surprises many people is a retirement account that is separately titled. The portion of the retirement funds that accumulated during the marriage will be considered marital property.

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How Do I File For Divorce in DC?

By Carolyn Goodman

Filing for divorce in DC is not a difficult process

However, before you can file for divorce in DC, you must be sure that all of the issues between you and your spouse are settled. Otherwise, you will have to file for divorce and go through the process as if the divorce is contested. This process is longer and more expensive than filing for an Uncontested Divorce in DC.

Once you have settled all the outstanding issues with your spouse through a Separation Agreement, such as:

  • division of your marital property
  • custody of your children
  • child support
  • division of retirement benefits
  • division of debts, etc.

There is one other requirement that must be met before you can file for divorce in DC.

You must meet the residency requirement. This means that one of you must have been a continuous resident of DC for six months before you file for divorce.

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Ask a DC Divorce Lawyer: What Happens to the House in a Divorce?

By Carolyn Goodman

As a DC divorce lawyer, a common question people ask me during a divorce or separation is, “What will happen to my home?”

This can be a very emotional issue. The home may be associated with both pleasant memories and sad memories. There are several options to consider when it comes to the ownership of your Washington, DC home during divorce or separation, and it is very important to discuss the various possibilities with your DC divorce lawyer.

There is equity in your home as well as debt. Home equity is the difference between the market value of your home (what you could sell it for) and the amount you owe on your home (your mortgage, line of credit, home equity loan, etc.).

How an experienced DC divorce lawyer can help:

It is very important you know the options available to you. A qualified divorce lawyer will walk you through the options you should consider, such as: 

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DC Postnuptial Agreement or Prenuptial Agreements to Protect Inheritance

By Carolyn Goodman

How to Protect Inheritance from Divorce: Prenuptial or Postnuptial Agreements in DC

Many people call and tell me that they will be inheriting money or other property and want to protect it in the event they get divorced.

Usually inherited money or property is considered separate property and is not divided if you separate and/or divorce.

However, many times a person who inherits money or property puts that money into a new home or other property bought during the marriage.

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What Happens to Inheritance in Divorce? Ask a DC Divorce Lawyer

By Carolyn Goodman

Finding the Right DC Divorce Lawyer to Help Protect Your Inherited Property or Gifts

A common concern among people separating is what will happen to money or property they inherited or were given before they were married or during the time they were married.

Separate vs. Marital Property

If are thinking about a divorce or separation in Washington, DC, it’s important to understand the difference between separate and marital property.

Speak with a DC divorce lawyer to explain your options so you can make an educated decision about what qualifies as separate vs. marital property in your situation and how to proceed.

As long as the property or funds remain separate and separately titled during the marriage and are not commingled (mixed) with marital funds or property, the inherited or gifted money or property will remain separate and will not be divided when you separate or divorce.

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Questions And Answers

Your current situation has probably generated many questions. Here are some short answers to questions you may have about Divorce, Separation Agreements, Property Division, Child Custody and more.

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