We provide legal services for family issues including divorce, separation, child support, child custody, establishing paternity and dealing with domestic violence. We can help you review the property that has come into your family over the course of the marriage and determine an appropriate division of property. We can also help you to assess how to protect your children’s interests and how to manage the extreme difficulties that accompany domestic violence matters.

Divorce

Divorces in D.C. may be contested or uncontested.

There is a requirement that one of the two parties in the divorce must have been a resident of Washington, DC for at least six months prior to the date on which the divorce petition is filed. Only one party has to be a resident of Washington, DC, but a nonresident plaintiff must prove the defendant’s residency in the District of Columbia at the divorce hearing.

Divorces in Washington, DC are “no-fault.” There are two grounds on which absolute divorces may be granted, as follows:

1. both parties have mutually and voluntarily lived separate and apart for six months without cohabitation; or
2. both parties have lived separate and apart for one year without cohabitation.

Parties who live in the same dwelling will be deemed to “lived separate and apart” if they have either: (a) pursued separate lives, sharing neither bed nor board; or (b) have obtained a court order for the separation.

Default judgments can be obtained against a defendant if the defendant has been served with a complaint and has not filed an answer within 20 days of being served. If no answer is filed by the defendant, the plaintiff can schedule a default hearing with the court.

Legal separation is a court order that establishes that the parties no longer cohabitate. It can be useful where the parties have not been separated long enough to file for divorce, but the client needs financial relief or relief in connection with custody. The grounds for legal separation are as follows:

1. both parties have mutually and voluntarily lived separate and apart without cohabitation (there is no time limit);
2. both parties have lived separate and apart without cohabitation for one year;
3. either party has committed adultery; or
4. either party has engaged in conduct that amounts to cruelty to the other.

For legal separation, parties that have lived separate lives will be considered to have lived separate and apart even though they reside in the same dwelling if they have not shared bed or board.

The court decides how to distribute property in cases in which the parties do not agree. The basis of the distribution is “equitable distribution.” The distribution takes place upon the entry of a final decree of divorce of divorce, annulment, or legal separation. Both real and personal property are subject to distribution.

The standard for the distribution of property depends on the way that the property was acquired. For property that was acquired by a party before the marriage or during the marriage by gift, bequest, devise or descent (including any subsequent increase of the property) or by exchange for any such property, the court distributes the property to the party who acquired it. For all other property that was acquired during the marriage, the court distributes the property in a manner that is just, reasonable, and equitable. It does not matter how the property is titled. If it was acquired during the marriage (except sole and separate property), it is subject to distribution.

Child Support

Temporary support is available in cases when the custodial parent cannot meet the child’s support needs while the action is pending and the other parent refuses to contribute adequately.

Permanent support may be established according to the support guidelines used by D.C. Those guidelines are based on the gross income of the non-custodial parent. Some judges may require a financial statement to be furnished to the court. To modify a permanent support order, there must be proof of material and substantial change of circumstances since the matter was last before the court.

Interstate support relief is available when the person sought to provide support lives outside of Washington, DC and the custodial parent is in Washington, DC or when the custodial parent is outside of Washington, DC and the person sought to pay support is in the District. Washington, DC does have jurisdiction to establish a support order if the individual seeking the support resides in another state and the person sought to pay support resides in Washington, DC Enforcement of an out-of-state support order can be made in some cases by sending the order to the employer of the person against whom the support order was issued. In other cases, registration of the support order with the Washington, DC court is necessary.

Child Custody

To determine custody of a child for whom more than one state is involved, Washington, DC must follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). That Act establishes that the “home state” of a child is the priority jurisdiction over a state with “significant contacts.” Washington, DC is the home state if: (a) the child has been living in the District of Columbia for at least six months immediately preceding the commencement of the action; or (b) the child resided in the District of Columbia within six months of commencement of the action, the child is now absent from Washington, DC, and the action is brought by a parent or person acting as a parent who continues to reside in Washington, DC. Home state status may be overcome if there is a preexisting custody order from another state.

Joint custody of a child is generally available to divorcing parents of the child. The standard that the court follows in determining all custody matters, including orders entered pending entry of a final custody order and post-divorce modifications of a custody order, is the best interest of the child.

The relevant factors for assessing the best interest of the child include, among other things, matters such as the wishes of the child; the wishes of the child’s parents; interaction of the child with parents and other individuals with whom the child has an emotional or psychological connection; the mental and physical health of all individuals involved in the custody matter; capacity of the parents to communicate and reach shared decisions regarding the child’s welfare; willingness of the parents to share the child’s custody; and priorinvolvement of the parent in the child’s life.

Modifications of custody orders can also be carried out. The standard that the court follows is whether there has been a substantial and material change in circumstances and that such change is in the best interest of the child.

Paternity

A paternity suit can be filed in the Family Court to establish conclusively that a particular male is the biological father of a child. The suit may be filed any time from the fourth month of the mother’s pregnancy to the day that the child turns 21 years old.

The court’s final judgment of paternity is conclusive proof of parentage. The court will make its decision after considering presumptions of paternity, the most common of which is genetic testing that is performed by a qualified laboratory. Written acknowledgment under oath by an alleged father will also establish paternity.

Domestic Violence

The Family Court in Washington, DC may issue orders to protect a person from acts that are punishable as intrafamily offenses against someone with whom the person has an intrafamily relationship.

An intrafamily relationship is any of the following: one based on blood relationship; marriage (current or former); legal custody or having a child in common; sharing a residence currently or at any time in the past; or maintaining or having maintained a romantic relationship.

An intrafamily offense is any criminal offense that violates District of Columbia or federal statutes and that occurs in Washington, DC Emotional abuse alone is not sufficient to be regarded as an intrafamily offense. Typically, the offense is assault or battery.

Civil protection orders (CPOs) are available to protect the petitioner. The petitioner must prove that he or she has an intrafamily relationship with the respondent, and that there is good cause to believe that the respondent committed or threatened to commit an intrafamily offense. The standard can be met by the testimony of the petitioner alone, although additional evidence can be very useful.

Modifications of a CPO can be obtained. Upon written motion of any party to the original proceeding the court may extend, rescind, or modify a CPO for good cause shown. To execute any of these actions, the Court must consider the entire history of the relationship and conduct of the parties.

No filing fee is required to file a petition for a CPO.

Attorney Fees

Attorneys fees generally can be awarded in Washington, DC in certain domestic relations cases. Those cases include divorce, annulment, alimony or child support arrearages, actions to obtain spousal or child support, paternity actions that include a claim for support, and actions in which a person seeks to enforce a wage withholding order against an employer who has not withheld as ordered.

Click Here to view Family Law FAQ's

Dennis Eshman is licensed to practice law in the District of Columbia and Florida.