D.C. Divorce Law Updates in 2024

The new year brings noteworthy updates to D.C. family law provisions. The Council of the District of Columbia has recently passed D.C. Act 25-322, amending key provisions in D.C. divorce laws. This legislation, effective as of January 26, 2024, has been codified and is now officially law. These changes impact various aspects of family law in the District of Columbia, bringing immediate legal implications.

No More Waiting Period for Divorce

In D.C., it has been the law for many years that parties have grounds to seek a divorce if (1) “both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months” before filing for divorce or (2) “both parties to the marriage have lived separate and apart without cohabitation for a period of one year” before filing for divorce. D.C. Code §16-904(a). This means that you could file for a divorce after being mutually and voluntarily separated for six months or after being separated for one year. In D.C., you were considered separated for the time you ceased acting as a married couple, including not sharing a bed or bedroom or having marital relations. 

However, as soon as the new law goes into effect, there will no longer be a waiting period to file for divorce after separation. Instead, “[a] divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married.” D.C. Act 25-322, Grounds for Divorce, Legal Separation, and Annulment Amendment Act of 2023. 

Similarly, a legal separation may also be granted “upon at least one party’s assertion that they intend to pursue a separate life without obtaining a divorce” whereas previously, the parties were required to mutually and voluntarily live separate and apart or to have lived separate and apart for at least one year before filing.

Abuse as a Factor in Marital Property Division and Alimony

Property division in D.C. is done on an equitable basis (whatever the Court thinks is fair and reasonable). In determining what is an equitable distribution of property, the legislation directs the Court to consider a non-exhaustive list of factors, which includes things like the duration of the marriage, if alimony is being awarded, custody provisions, etc. See D.C. Code § 16-910(a)(2). The new law adds an additional factor for the Court’s consideration: “the history of physical, emotional, or financial abuse by one party against the other.” D.C. Act 25-322. The new law also adds this same language regarding abuse to the non-exhaustive list of factors the Court should consider when determining alimony. See D.C. Code § 16-913(d)(5). For more information about marital property division in D.C., please check out our previous blog post here.

Use and Possession of the Family Home

Pendente lite (Latin for “pending litigation”) relief are things the Court can award on a temporary basis, before the final hearing/trial, while the divorce and/or custody case is pending. This relief includes temporary alimony, temporary child support, and temporary custody. The new law adds one additional form of pendente lite relief: use and possession of the family home. Use and possession of the family home means that the Court can award one party occupancy of the family home for a prescribed period of time, regardless of how the home is titled.

Why These Changes Are Important 

By removing the waiting period to file for divorce, the new law removes a major barrier to ending a legal relationship. The sooner you can close one chapter of your life, the sooner you can move on to bigger and better things.

These changes also provide significant protections to spouses who are survivors of domestic violence by preventing one spouse from unnecessarily delaying a divorce, allowing the Court to weigh abuse as a factor when considering equitable distribution of marital property and alimony, and allowing an abused spouse to stay in the family home, even if the home or lease is titled in the other party’s name.

If you have further questions regarding D.C.’s new divorce laws, please contact Markham Law Firm at 240-396-4373 to setup a consultation.