It is important to understand what an Uncontested Divorce in DC means.
I receive many calls from people who tell me they are ready to file for a DC Uncontested Divorce because they never had a joint account with their spouse so all the money and property is separate. However, if you do not have a Prenuptial Agreement or a Postnuptial Agreement that indicates how your funds and other property should be divided, the law says that all assets you accumulate after you marry such as salary and retirement (and debts) may be marital even if titled separately or deposited into a separate account.
Just because you have property issues to determine does not mean you cannot file for an Uncontested Divorce in DC.
You just have toµ be sure you settle the issues before filing the divorce papers. A DC Uncontested Divorce simply means that all the issues are resolved or there were not issues to begin with.
The best way to settle all issues is to negotiate a Marital Settlement Agreement, sometimes called a Separation Agreement or Property Settlement Agreement. It’s okay if you and your spouse decide that all of your separately titled accounts, property, and debts will be separate, but it’s best to have a written Marital Settlement Agreement that indicates what your agreement is. This ensures that no questions pop up later about who owns what and whether one of you is entitled to retirement funds from the other.
Filing for a DC Uncontested Divorce is an easy process if you have a Marital Settlement Agreement that resolves any issues.
After you sign a Separation Agreement/Marital Settlement Agreement, it is a straightforward process to file for divorce. You can file immediately after completing and signing your Agreement. The most important thing you need to do is to be sure you have settled all financial and/or custody issues before you file.