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Can I Get a Divorce?
by: Children's Law Center
Q.	Can I file for divorce in D.C.?

A.	You can file for divorce in D.C. if either you OR your spouse has been a resident of D.C. for six months before the date you file the divorce papers with the court. Only one of you has to meet the D.C. residency requirement.

Q.	I was not married in D.C. Does that matter?

A.	It does not matter where you were married. If either you OR your spouse has been a resident of D.C. for six months before you file for divorce, you can get a divorce through the D.C. court.

Q.	When can I get a divorce?

A.	The requirements for divorce are called grounds. There are two grounds for divorce in D.C. 1. Separation without cohabitation for six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR 2. Separation without cohabitation for one year. In other words, if you and your spouse agree on the separation and divorce, you only have to be separated for six months. If one of you does not agree to the separation and divorce, then the required separation period is one year.

Q.	What does "without cohabitation" mean?

A.	It means without sexual relations. You cannot have sexual relations with your spouse during the separation period.

Q.	Do I have to get a legal separation or permission from the court before I can separate from my spouse?

A.	No. You can move out or leave your spouse at any time.

Q.	Can I get a divorce if my spouse does not agree to it?

A.	Yes. If you have been separated for a year without cohabitation, you can get a divorce whether your spouse agrees to it or not.

Q.	Can I get a divorce if my spouse refuses to cooperate or refuses to participate in the process?

A.	Yes. Read Filing For Divorce to find out how.

Q.	Can I file for divorce before we've been separated the full time?

A.	No. You have to be separated the required time before you file.

Q.	Can I get a divorce if my spouse and I are still living in the same home?

A.	It is difficult but you may be able to. You must convince the court that you and your spouse are really leading separate lives even though you are living under the same roof.

Q.	Does it matter if I committed adultery, or walked out on my spouse? Does it matter if my spouse did that to me?

A.	Adultery, cruelty or desertion do not affect whether you can get a divorce in D.C. However, this conduct might be taken into consideration in connection with division of property or custody of children.


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	Last Reviewed On: 06/19/07

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