- 02 Dec
The idea of getting a divorce often brings up ideas of fighting and screaming. Sometimes one spouse finds out the other is cheating or learns of some big secret that changes everything. However, sometimes two people just realize they aren't right for each other and made a mistake in deciding to get married.
This is a perfectly understandable situation and the law in Washington, DC allows spouses who agree to get divorced, and agree on how any marital should be divided can get a no-fault divorce also long as they satisfy the required elements.
As Washington, DC divorce attorneys understand, Title 16, Chapter 9 of the DC Code provides that a divorce may be granted if the parties have lived separately for at least six months, and not cohabitated during that period of time, and both parties agree to end the marriage. Cohabitating is essentially a legal term used in DC divorce cases to mean engaged in sexual intercourse.
If both parties do not agree to get divorced, but have lived separate and apart from each other for one year without cohabitation, a no-fault divorce may be granted. Basically, this is situation where one spouse wants to get to divorced and the other does not want to get divorced.
Instead of a divorce, the DC Courts will also grant a legal separation to the parties if both parties agree to live separate and apart without having sexual relations. If both parties do not agree to a legal separation, a court may still grant one if the parties have lived separate and apart for one year without cohabitation prior to filing an action with the court.
If both parties are in complete agreement, your attorney may be able to draw up the paperwork, file the necessary documents with the court, and get the divorce decree ordered by the judge without the need for lengthy litigation or excessive legal fees.