A court decree of legal separation is not necessary to obtain a divorce in the District of Columbia. I have noticed that many people believe a court decree is necessary and pursue it without understanding whether it is to their advantage to obtain that court decree or not.
Obtaining a decree of legal separation does not allow a person to get remarried. Until a decree of divorce is obtained or the spouse dies the person is still legally married. A decree of legal separation can be enlarged to a decree of absolute divorce through the proper process. However, a person can meet the standard of separation necessary to obtain a divorce in the District of Columbia without the court decree of legal separation.
One of the qualifications necessary to obtain a divorce in the District of Columbia is that a couple either be voluntarily separated for a minimum of six months before filing for divorce or involuntarily separated for one year before filing for divorce. Involuntary means that at least one of the spouses does not want to separate or divorce. Rather, they want reconciliation despite the other spouse wanting to separate and/or divorce.
Separated means the couple lives separate lives as if they are not married although they still are married. They no longer hold themselves out to the public as a married couple. They do not engage in sexual relations with each other. They do not share family meals as a couple, etc. This criteria can be met even if both spouses live under the same roof. In that case, they must live as strangers or friends who room in the same house without acting like they are dating or married.
There are reasons a person might want a court decree of legal separation. Perhaps the couple has decided to separate and/or divorce but one of the spouses needs temporary financial support to begin to establish a new life as a single individual. Perhaps there is a need for a court to divide marital property interests because the couple cannot agree. These are issues that can be resolved in a decree for legal separation.
Some couples decide to separate but do not want to divorce for religious, social, or other reasons. If this is the case, obtaining a decree of legal separation setting forth the requirements for each spouse regarding support, property distribution, etc., may be the prudent course of action.
It may not be a judicious use of financial resources to pursue a decree of legal separation if the only reason for doing so is to fulfill the legal requirement of separation before filing for the divorce. In that case, one could simply separate for the required amount of time before proceeding to file for the divorce.
Please call or email my office if you have questions about this or any marital, divorce, child support, child custody, adoption, or other family law matter.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com • (202) 470-3515 • jackson@doggettelaw.com
Thursday, September 6, 2012
Tuesday, August 28, 2012
What Is A Domestic Partnership in the District of Columbia?
D.C. Code § 32-701 et. seq., The Health Care Benefits Expansion Act, provides for a legal process to recognize a familial relationship called a Domestic Partnership. The primary purpose of the Code is to provide expanded health care coverage to District of Columbia employees, who are domestic partners, and to the domestic partner's dependent children. The Domestic Partnership Equality Amendment Act of 2006 expanded the rights and responsibilities of domestic partners in several areas of the law to the level equal to that of a married couple. Same sex couples can take advantage of this law.
There are several requirements to qualify to register a domestic partnership. The couple must not be married. Each partner must be at least 18 years old and competent to contract. They must be in a committed familial relationship and the sole domestic partner of the other. There is no requirement that either person live in the District of Columbia at any time.
To qualify for the benefits, rights, and responsibilities of a domestic partnership, the two partners must execute a declaration under penalty of perjury that they each meet the requirements as described above. The date the domestic partnership becomes effective is the date the declaration is accepted for registration by the Mayor of the District of Columbia.
The court does not have authority to terminate a domestic partnership. To terminate a domestic partnership, one of the partners must file a statement of termination with the Mayor. The statement should be signed by both of the partners if they agree to terminate. It must be signed by one of the partners if both do not agree to terminate. If they do not agree to terminate, the partner filing the statement must serve it on the other partner. The termination statement takes effect six months after the statement is filed with the Mayor.
The mode of service and proof of service preferred is not specified in the Code. However, if child support, property distribution, or other ancillary matters are to be submitted to the court for resolution, it would be wise to use the same formality in serving the statement as one would use to serve a complaint for divorce or petition for child support.
There are other formalities that must be followed to effectively terminate a domestic partnership. Please contact our office for more specific information.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
There are several requirements to qualify to register a domestic partnership. The couple must not be married. Each partner must be at least 18 years old and competent to contract. They must be in a committed familial relationship and the sole domestic partner of the other. There is no requirement that either person live in the District of Columbia at any time.
To qualify for the benefits, rights, and responsibilities of a domestic partnership, the two partners must execute a declaration under penalty of perjury that they each meet the requirements as described above. The date the domestic partnership becomes effective is the date the declaration is accepted for registration by the Mayor of the District of Columbia.
The court does not have authority to terminate a domestic partnership. To terminate a domestic partnership, one of the partners must file a statement of termination with the Mayor. The statement should be signed by both of the partners if they agree to terminate. It must be signed by one of the partners if both do not agree to terminate. If they do not agree to terminate, the partner filing the statement must serve it on the other partner. The termination statement takes effect six months after the statement is filed with the Mayor.
The mode of service and proof of service preferred is not specified in the Code. However, if child support, property distribution, or other ancillary matters are to be submitted to the court for resolution, it would be wise to use the same formality in serving the statement as one would use to serve a complaint for divorce or petition for child support.
There are other formalities that must be followed to effectively terminate a domestic partnership. Please contact our office for more specific information.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
Friday, August 24, 2012
What Is the Difference Between a Divorce and an Annulment?
Both a divorce and an annulment end a marriage. The primary difference between a divorce and an annulment has to do with the reason the marriage is being dissolved. In the District of Columbia, there is no need to prove fault to obtain a divorce. As long as one of the spouses have been a bona fide resident of the District of Columbia for the preceding six months before filing for divorce and the required separation period and conditions have been met, a divorce may be granted.
To obtain an annulment in the District of Columbia, the marriage must either be void or voidable. A void marriage is not a legally binding marriage at all and cannot ever be legally recognized. There is no need to obtain a court decree in this case but a court does have the authority to issue a decree that the marriage was null and void from the date of the marriage.
There are two instances when marriage is void ab initio (from the beginning) in the District of Columbia. The first is when one or both of the spouses were still legally married when they attempted to marry each other. The only exception to this is if one of the spouses to the new marriage was entitled to an annulment and entered a second marriage during the appeal period of the annulment process. The second marriage operates to end the appeal period of the annulment from the first marriage and is legally binding.
The second instance when marriage is void ab initio is when there is a marriage to someone the law prohibits a person to marry due to being a relative (prohibited degrees of consanguinity). D.C. Code § 46-401(2A)
Voidable marriages may be ended by annulment as of the date of the decree, not from the date of the marriage, if the reason the marriage is voidable is acted upon in a timely manner. If the reason the marriage is voidable is not acted upon in a timely manner, it is not eligible for an annulment. It is within the court’s discretion to award the annulment or not. The reason is that a voidable marriage has a degree of validity.
There are three reasons a marriage may be voidable in the District of Columbia. Lack of mental capacity to marry is one. An annulment may be granted after discovery of the lack of mental capacity unless there was voluntary cohabitation after the discovery of the mental incapacity or unless one of the spouses died before the suit for annulment was begun.
Force or fraud is a second reason for a voidable marriage. Only the innocent spouse may bring suit for annulment. Infertility is not a cause for annulment but concealment of a pregnancy has been found to be sufficient. Failure to disclose deeply held religious views has also been sufficient.
Marriage while under the age of consent (16 years old in the District of Columbia) is a third reason for a voidable marriage. An annulment cannot be granted if there is voluntary cohabitation after the age of consent.
The wrongdoer cannot avail themselves of the remedy of annulment from a marriage they no longer want. If someone knowingly and willfully marries another who is under age or mentally incapacitated, or induces a marriage by force or fraud, they cannot dissolve the marriage by obtaining an annulment. Only the innocent party may obtain the annulment.
In an action for an annulment, all of the other issues of dissolving a marriage must be addressed as they are in a divorce situation. These issues may include the distribution of property, child custody, child support, etc. You should call my office if you are thinking about ending your marriage by annulment or divorce.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
To obtain an annulment in the District of Columbia, the marriage must either be void or voidable. A void marriage is not a legally binding marriage at all and cannot ever be legally recognized. There is no need to obtain a court decree in this case but a court does have the authority to issue a decree that the marriage was null and void from the date of the marriage.
There are two instances when marriage is void ab initio (from the beginning) in the District of Columbia. The first is when one or both of the spouses were still legally married when they attempted to marry each other. The only exception to this is if one of the spouses to the new marriage was entitled to an annulment and entered a second marriage during the appeal period of the annulment process. The second marriage operates to end the appeal period of the annulment from the first marriage and is legally binding.
The second instance when marriage is void ab initio is when there is a marriage to someone the law prohibits a person to marry due to being a relative (prohibited degrees of consanguinity). D.C. Code § 46-401(2A)
Voidable marriages may be ended by annulment as of the date of the decree, not from the date of the marriage, if the reason the marriage is voidable is acted upon in a timely manner. If the reason the marriage is voidable is not acted upon in a timely manner, it is not eligible for an annulment. It is within the court’s discretion to award the annulment or not. The reason is that a voidable marriage has a degree of validity.
There are three reasons a marriage may be voidable in the District of Columbia. Lack of mental capacity to marry is one. An annulment may be granted after discovery of the lack of mental capacity unless there was voluntary cohabitation after the discovery of the mental incapacity or unless one of the spouses died before the suit for annulment was begun.
Force or fraud is a second reason for a voidable marriage. Only the innocent spouse may bring suit for annulment. Infertility is not a cause for annulment but concealment of a pregnancy has been found to be sufficient. Failure to disclose deeply held religious views has also been sufficient.
Marriage while under the age of consent (16 years old in the District of Columbia) is a third reason for a voidable marriage. An annulment cannot be granted if there is voluntary cohabitation after the age of consent.
The wrongdoer cannot avail themselves of the remedy of annulment from a marriage they no longer want. If someone knowingly and willfully marries another who is under age or mentally incapacitated, or induces a marriage by force or fraud, they cannot dissolve the marriage by obtaining an annulment. Only the innocent party may obtain the annulment.
In an action for an annulment, all of the other issues of dissolving a marriage must be addressed as they are in a divorce situation. These issues may include the distribution of property, child custody, child support, etc. You should call my office if you are thinking about ending your marriage by annulment or divorce.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
Monday, August 20, 2012
Can Couples Be Legally Married in the District of Columbia Without A Marriage License Or Ceremony?
Yes, couples can be legally married in the District of Columbia without a marriage license or a ceremony. As long as the six qualifications for a legal marriage are met, it is possible to establish a legal common law marriage in the District of Columbia. The District of Columbia recognizes all common law marriages that are established in jurisdictions that recognize common law marriage. There are not many jurisdictions that legally recognize common law marriage but the District of Columbia is one. There are four elements that must all be present to establish a legally recognized common law marriage in this jurisdiction.
The four elements of a legally recognized common law marriage are freedom from impediments to marry, present intent to be married, cohabitation, and reputation in the community. Freedom from impediments to marry means that a person meets the six qualifications described in a previous article on this blog. If a couple can lawfully obtain a marriage license they are likely to be free from impediments to marry.
Present intent to marry means the intent to marry cannot be future. It must be present. A couple that meets three of the four elements of a common law marriage can live together for any length of time with the future intent to be married but if the intent never becomes present no common law marriage is established.
Cohabitation must be in combination with the other three elements to establish a common law marriage. If a couple lives together and engages in sexual relations but does not intend to be married right now no common law marriage is established. This cohabitation must be with the intent for it to be part of the marriage relationship.
Reputation in the community means the couple is holding themselves out as being married. This can be done by telling people they are married, changing their legal name on documents, such as a drivers license, or by other means that communicates to the world that this couple is in fact married.
There are advantages to becoming married through common law marriage. Some advantages may be to avoid the expense of a wedding ceremony, to avoid waiting to be married, or to remove the stigma of the moral judgments of others because the couple is living together.
There are disadvantages to becoming married through common law marriage. The primary disadvantage is the difficulty in proving the marriage. The best evidence of the common law marriage may be the testimony of the two people involved. However, if there is a conflict in the testimony it may be very difficult to obtain a ruling that a common law marriage existed. This is often the issue when property is about to be distributed from the estate of a deceased person.
Imagine a couple becomes married by establishing a common law marriage. They split up but never obtain a decree of divorce from a court. One of the spouses remarries without the new spouse being aware of the common law marriage. A death occurs and the new spouse expects to receive property from the estate of their deceased loved one. However, the first spouse hears of the death and claims rights to marital distribution. If the first spouse can prove the common law marriage existed, the second marriage will be unlawful and the first spouse can take from the estate of their polygamous, deceased spouse, leaving the new spouse out in the cold. If the first spouse cannot prove the common law marriage, the unlawfully married second spouse will be deemed the lawful spouse and take the distribution. The law presumes in favor of the validity of the most recent marriage.
My advice is that every couple in the District of Columbia establish their marriage through a civil or religious ceremony that produces a marriage certificate. This will provide the proof needed in almost every instance that a lawful marriage is in force. If the couple breaks up, a divorce decree will be valid evidence that the marriage no longer exists.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
The four elements of a legally recognized common law marriage are freedom from impediments to marry, present intent to be married, cohabitation, and reputation in the community. Freedom from impediments to marry means that a person meets the six qualifications described in a previous article on this blog. If a couple can lawfully obtain a marriage license they are likely to be free from impediments to marry.
Present intent to marry means the intent to marry cannot be future. It must be present. A couple that meets three of the four elements of a common law marriage can live together for any length of time with the future intent to be married but if the intent never becomes present no common law marriage is established.
Cohabitation must be in combination with the other three elements to establish a common law marriage. If a couple lives together and engages in sexual relations but does not intend to be married right now no common law marriage is established. This cohabitation must be with the intent for it to be part of the marriage relationship.
Reputation in the community means the couple is holding themselves out as being married. This can be done by telling people they are married, changing their legal name on documents, such as a drivers license, or by other means that communicates to the world that this couple is in fact married.
There are advantages to becoming married through common law marriage. Some advantages may be to avoid the expense of a wedding ceremony, to avoid waiting to be married, or to remove the stigma of the moral judgments of others because the couple is living together.
There are disadvantages to becoming married through common law marriage. The primary disadvantage is the difficulty in proving the marriage. The best evidence of the common law marriage may be the testimony of the two people involved. However, if there is a conflict in the testimony it may be very difficult to obtain a ruling that a common law marriage existed. This is often the issue when property is about to be distributed from the estate of a deceased person.
Imagine a couple becomes married by establishing a common law marriage. They split up but never obtain a decree of divorce from a court. One of the spouses remarries without the new spouse being aware of the common law marriage. A death occurs and the new spouse expects to receive property from the estate of their deceased loved one. However, the first spouse hears of the death and claims rights to marital distribution. If the first spouse can prove the common law marriage existed, the second marriage will be unlawful and the first spouse can take from the estate of their polygamous, deceased spouse, leaving the new spouse out in the cold. If the first spouse cannot prove the common law marriage, the unlawfully married second spouse will be deemed the lawful spouse and take the distribution. The law presumes in favor of the validity of the most recent marriage.
My advice is that every couple in the District of Columbia establish their marriage through a civil or religious ceremony that produces a marriage certificate. This will provide the proof needed in almost every instance that a lawful marriage is in force. If the couple breaks up, a divorce decree will be valid evidence that the marriage no longer exists.
- by Jackson Michael Doggette Jr., Premier Marriage, Divorce, Child Custody, Paternity, Adoption, and Family Law Attorney in Washington, DC
- Visit www.DoggetteLaw.com
Wednesday, August 8, 2012
What Are the Qualifications for Marriage in the District of Columbia?
There are six qualifications for a marriage to be valid in the District of Columbia. These qualifications involve being single, being the right age, having the right mental capacity, voluntariness, having the right familial relationship, and gender.
Being single is self expository. One cannot already be or still be married to someone else when they enter into a valid marriage. Any previous marriage must have ended by either divorce or death or the new marriage is void from the beginning. However, if a new marriage is entered that is void because one of the persons was still legally married, it can become legal if certain criteria are met. That is beyond the scope of this article. So, I will not discuss those criteria here.
In the District of Columbia, a person must be at least 18 years old to consent on their own to be married. Parents may consent to the marriage of their child, who is at least 16 years old.
Having the right mental capacity means that a person must actually have the mental capacity to know that they are consenting to marriage and they must not have been adjudged not to have the mental capacity to consent to marriage. As a practical matter, the person must really have the mental ability to know what they are doing.
Marriage must be freely and willingly entered into. A person must not have entered the marriage by being coerced (forced or threatened) or fraudulently induced (tricked).
Close relatives cannot marry each other in the District of Columbia. The law states that, "The marriage of a person with a person's grandparent, grandparent's spouse, spouse's grandparent, parent's sibling, parent, step-parent, spouse's parent, child, spouse's child, child's spouse, sibling, child's child, child's child's spouse, spouse's child's child, sibling's child." D.C. Code 46-401(2A)
The District of Columbia allows marriage between people of the opposite gender (male and female) and people of the same gender. Same sex marriage is legal in the District of Columbia.
These are the basic qualifications to be married in the District of Columbia.
- Posted using BlogPress from my iPad
Being single is self expository. One cannot already be or still be married to someone else when they enter into a valid marriage. Any previous marriage must have ended by either divorce or death or the new marriage is void from the beginning. However, if a new marriage is entered that is void because one of the persons was still legally married, it can become legal if certain criteria are met. That is beyond the scope of this article. So, I will not discuss those criteria here.
In the District of Columbia, a person must be at least 18 years old to consent on their own to be married. Parents may consent to the marriage of their child, who is at least 16 years old.
Having the right mental capacity means that a person must actually have the mental capacity to know that they are consenting to marriage and they must not have been adjudged not to have the mental capacity to consent to marriage. As a practical matter, the person must really have the mental ability to know what they are doing.
Marriage must be freely and willingly entered into. A person must not have entered the marriage by being coerced (forced or threatened) or fraudulently induced (tricked).
Close relatives cannot marry each other in the District of Columbia. The law states that, "The marriage of a person with a person's grandparent, grandparent's spouse, spouse's grandparent, parent's sibling, parent, step-parent, spouse's parent, child, spouse's child, child's spouse, sibling, child's child, child's child's spouse, spouse's child's child, sibling's child." D.C. Code 46-401(2A)
The District of Columbia allows marriage between people of the opposite gender (male and female) and people of the same gender. Same sex marriage is legal in the District of Columbia.
These are the basic qualifications to be married in the District of Columbia.
- Posted using BlogPress from my iPad
Wednesday, February 29, 2012
Leap Year
Today is an ephemeral ghost...
A strange amazing day that comes only once every four years. For the rest of the time it does not "exist."
In mundane terms, it marks a "leap" in time, when the calendar is adjusted to make up for extra seconds accumulated over the preceding three years due to the rotation of the earth. A day temporal tune up!
But this day holds another secret--it contains one of those truly rare moments of delightful transience and light uncertainty that only exist on the razor edge of things, along a buzzing plane of quantum probability...
A day of unlocked potential.
Will you or won't you? Should you or shouldn't you?
Use this day to do something daring, extraordinary and unlike yourself. Take a chance and shape a different pattern in your personal cloud of probability.
Vera Nazarian (The Perpetual Calendar of Inspiration)
Wednesday, January 18, 2012
U.S. Supreme Court Sides With Religious Employer
The U.S. Supreme Court unanimously agreed to recognize the "ministerial exemption" to the Americans with Disabilities Act and other civil rights laws.
Read the full case here: http://www.supremecourt.gov/opinions/11pdf/10-553.pdf
Read the full case here: http://www.supremecourt.gov/opinions/11pdf/10-553.pdf
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