CLIENT ALERT – Major Change to D.C. Divorce Law in 2024

We recently updated you on the evolution of Maryland law to expedite the finalization of divorces, including the gradual removal of the requirement for a one-year separation. And now the District of Columbia has decided to follow suit. Specifically, the D.C. Council has passed a law eliminating the separation requirement. Congress is expected to approve this change early in 2024.

You may track the progress of the law’s codification here: D.C. Act 25-322. Grounds for Divorce, Legal Separation, and Annulment Amendment Act of 2023. | D.C. Law Library (dccouncil.gov).

Where Things Stand Now

Under current law, the parties to a divorce in D.C. must be separated for a period of six (6) months before they can finalize their divorce even if both are seeking the split. If the split is not “mutual and voluntary”, the parties to the divorce must be separated for a full twelve (12) month period.

Over time, the Court has broadened its interpretation of what it means to “separate” and permitted couples in some circumstances to prove they have been “separated” for the requisite period so long as they have not held themselves out as husband and wife, even if they were technically sharing the same address. However, separated clients still had to wait out the requisite statutory period before they could file for divorce. And even then, they might face a significant backlog once they get to court.

This change in the law, once approved by Congress, will permit our clients to proceed to divorce more quickly, and without having to be quite so creative.

What Will This Mean for D.C. Divorces?

Public policy is shifting away from laws that make it difficult for parties to divorce. The removal of any separation requirement is meaningful. However, it will not necessarily expedite the finalization of your divorce! You may still find yourself waiting for several months, if not a year, for a trial date, absent an agreement having been reached on all custody or financial issues.

Even though D.C. does not have “fault” grounds for divorce (e.g. adultery, desertion, cruelty, etc.) like Maryland does, marital property is still divided “equitably”. This means it may still be relevant to air that dirty laundry regardless of the change to the separation period – and in that event, you may still be waiting quite a while.

On the contrary, if agreements have been reached, you can finalize your divorce and theoretically continue living under the same roof – a financial reality that may assist many couples who are finding it difficult to afford two households as they move on with their lives.

If you’re interested in learning more about divorce in Maryland or Washington, D.C., or specifically how this change in the law could affect you, contact Meg Rosan, Esq., at 301-656-1177, or mrosan@bulmandunie.com. Meg also regularly serves as a neutral mediator, helping parties resolve family law matters out of Court.