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
