In the District of Columbia, you do not need a reason, or fault, to get a divorce. A married couple can obtain an absolute divorce after voluntarily separating from each other without cohabitation for 6 months. Additionally, absolute divorce can be granted after living separately and apart without cohabitation for over a year, even if it was not voluntary. That’s all it takes. See DC Official Code § 16-904.
The days of fault being a controlling factor in divorce are long gone, as the Court will divide property and award custody and support along equitable lines. This does not mean that fault, such as adultery or abuse, will not be a factor in the divorce. It is just one of many factors that the Court must consider when determining the equitable distribution of property between a couple. See DC Official Code § 16-910.
At the same time, one should not presume that just because their spouse cheated on them that they will “get the house,” especially if children are involved, and neither should one presume that all debts and assets will be split 50-50. The Court will examine the totality of a couple’s financial situation before rendering a decision.
In these troubled economic times, it becomes a bigger challenge as some people find that they cannot afford to live apart from their spouse outside the marital home. This doesn’t mean that such a couple can’t get divorced, but it is somewhat awkward to try to live separate and apart while under the same roof. It can be done, it just takes a bit more thought to keep your lives separate.
Like good marriages, good divorces require good communication. The more you can agree to with your spouse, the better, as there will be less issues to be litigated through your attorneys. By not focusing on the emotional component of fault and instead focusing on the task at hand of separating property equitably, you can save a few dollars in legal fees by keeping the drama low. That’s always easier said than done, of course, but forcing motion practice is the far more costly alternative.
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